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Terms and Conditions - Provider
These terms and conditions, including the annexes hereto, together with all documents referred to herein, set forth the terms and conditions (the “Terms”) under which Amplify Life Limited (with registered office at 34a Watling Street, Radlett, Herts, England, WD7 7NN and company number 09495037) (“Amplify”) is willing to provide certain Services to Provider (each as defined below). Each of Amplify and Provider may be referenced as a “Party” and together the “Parties”.
1. Definitions and Interpretation.
1.1 Definitions. The definitions and rules of interpretation in this section apply in the Terms.
“Affiliate”means, with respect to Amplify, an entity that is controlled by, controls or is under common control of Amplify, whereby “control” means the power to direct the management of a company by means of owning a controlling share of the voting securities in such company, by means of board membership, by contractual rights, or by other legal authority.
“Confidential Information"means information that is proprietary and/or confidential and is either clearly labelled as such or which the receiving Party ought reasonably to realise is of a confidential or business sensitive nature including (without limitation) the terms of the Terms.
"Data Protection Law"means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“Documentation”means the user, operations and training manuals, information and any other specifications provided or made available by Amplify concerning the Services or any portion thereof.
“Fees”As defined in Section 6.1.
“Intellectual Property Rights”means all inventions (whether patentable or not), patents, designs (both registered and unregistered), copyright and related rights, domain names, database rights, trade and service marks (both registered and unregistered), together with all applications for, rights to the grant of and extensions of the same, and all other intellectual and industrial property including all similar or analogous rights throughout the world, in each case for the full term of the relevant right.
“Platform”means Amplify’s proprietary health and fitness mobile application (including all updates thereto) and/or the Website through which the Services are provided.
“Provider”means the health professional who has Registered to use the Services through the Amplify Platform or Website.
“Provider Content”means all documents, information, videos, items and materials in any form, whether owned by Provider or a third party, which are provided to Amplify or uploaded to the Platform by the Provider.
“Registered and Registration”By completing the registration process the Provider represents to Amplify that it has read and understands Terms, that it possess the requisite authority to enter into and perform its duties under the Terms, and that it agrees to be bound by the terms and conditions set forth in the Terms.
“Services”means provision of the Platform to Providers which the Provider may use to provide its services to its Users.
“Subscription Term”means the current period of time for which Provider has paid the Fees for the Service.
“Users”Individuals under the care of the Provider to whom the Provider is using the Service to provide some or all of the Providers services to the individual.
1.2 Interpretation Section, annex and paragraph headings shall not affect the interpretation of the Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Terms and shall include all subordinate legislation made as at the date of this Terms under that statute or statutory provision. A reference to writing or written includes e-mail but not fax. Any phrase in the Terms introduced by the term “include”, “including”, “in particular” or similar expression shall be construed as illustrative and shall not limit the sense of the words preceding that term. Any obligation on a Party not to do something shall include an obligation not to allow that thing to be done. References to sections and annexes are to the sections and appendices of the Terms; references to paragraphs are to paragraphs of the relevant annex to the Terms. Reference to “Amplify” includes its employees, agents and subcontractors. References to “you” or “your” refer to the Provider.
2. Amendment to Terms.
2.1 Amendments to Terms. Amplify reserves the right to amend or supplement these Terms at any time by posting an updated set of Terms to the Website and notifying the Provider accordingly. If you continue to use the Service, you irrevocably accept the amended or supplemented Terms. If you do not agree to the amended or supplemented Terms, your only option is to terminate the Service in accordance with the Terms. No changes to the Terms for individual Providers shall be accepted unless agreed in writing by a director of Amplify whose appointment as a director of Amplify is shown at Companies House.
3. Amplify Services.
3.1 Performance. Amplify shall provide the Services in accordance with the Terms, with due skill, care and diligence. Amplify shall use reasonable efforts to allocate sufficient resources to the Services and appoint suitably qualified and experienced personnel in connection with the same, to enable it to comply with this obligation.
3.2 Subscription. Subject to these Terms and the Provider Registering to use the Services and paying any Fees due, Amplify shall provide Provider with the Services until terminated in accordance with section 10. Amplify hereby grants to Provider a personal, non-exclusive, non-transferable right, without the right to grant sub-licences, to use the Services during this time, solely for Provider’s internal business operations (including promoting the Services to Users).
3.3 Permitted Use. Provider acknowledges and agrees that it shall be responsible for any misuse of, or unauthorised access to, the Platform and any account, directly arising from Provider’s breach of the Terms. Provider shall not: (a) use the Platform in any way that breaches applicable law or regulation or is unlawful; or (b) transmit any data, send or upload any material to the Platform that contains viruses or any other harmful code.
3.4 Updates. From time to time Amplify may automatically update the Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively Amplify may ask Users to update its mobile application for these reasons. If any User chooses not to install such updates or if Users opt out of automatic updates to the mobile application, Provider acknowledges such Users may not be able to continue using the Platform and the Services.
3.5 Exclusions. (i) Amplify does not warrant that use of the Services will be uninterrupted, error-free, free from viruses or other harmful code; (ii) that the Services and/or the information obtained therefrom, will meet Provider’s requirements; (iii) Provider acknowledges that it is solely responsible for any reliance placed on the information obtained through the Services; (iv) Amplify is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Provider acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and (v) Amplify may temporarily discontinue or limit the Service or your account if, at its sole discretion, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance or if you have breached any of the Terms. Amplify will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
4. Data and Content.
4.1 Provider Data. Provider shall ensure that any and all information input onto the Platform by Provider and/or by Amplify on Provider’s behalf (“Provider Data”), is true, accurate and up to date. Amplify shall have no responsibility for the accuracy, completeness or authenticity of such Provider Data and shall have no obligation to audit, check or verify that Provider Data.
4.2 Content Standards. Provider shall not upload or distribute any Provider Content during its use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; (vi) infringes any copyright, database right or trade mark of any other person; (vii) otherwise causes damage or distress to any person or property; (viii) contains viruses, Trojan horses, worms, bots or other software which can cause any interference, loss or damage to the Platform or any data or to make the Service unusable or inaccessible or which is intended to circumvent technical protection measures of the Service, the Platform and/or the computer systems of Amplify; (ix) is directed at Users younger than 18 years of age, unless there is prior consent of Amplify for such a service to be provided; (x) is unwanted or unsolicited material or content (spam); or (xi) which could prejudice the interests and reputation of Amplify. Amplify reserves the right, without liability or prejudice to its other rights to Provider, to disable Provider’s access and/or delete any material should any Provider Content breach the provisions of this Section 4.2.
4.3 Restrictions. Provider shall not except to the extent expressly permitted under the Terms: (i) attempt to copy, modify, alter, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute or make any adaptations of or to all or any portion of the Platform in any form or media or by any means; (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; (iii) access all or any part of the Platform in order to build a product or service which competes with the Platform; (iv) remove any titles, trademarks, trade names, copyright, restricted rights and other proprietary notices of Amplify from materials downloaded from the Platform; (v) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party except the Users; or (vi) attempt to obtain, or assist third parties in obtaining, access to the Platform, other than as provided under this Section 3.
4.4 Control. Provider acknowledges that, save for personal data, Amplify shall own and have exclusive control of all data collected and/or produced by Amplify in connection with provision of the Services, and all Intellectual Property Rights protecting the same. Amplify reserves the right, without prior notice, to abridge, alter, refuse and/or remove any of the Provider’s Content in its absolute discretion and without liability.
4.5 Security. Amplify shall maintain, in accordance with good industry practice, appropriate administrative, physical and technical safeguards calculated to ensure the protection, security, confidentiality and integrity of the Provider Data Provider Content and shall perform a daily back-up of the Provider Data and Provider Content in accordance with good industry practice (“Security Standards”). Amplify represents and warrants that it will promptly notify Provider of: (i) any material deficiencies in Amplify’s compliance with the Security Standards in connection with the Terms; and/or (ii) changes to the Services or Amplify’s performance or provision thereof which results in Amplify’s inability to comply with the Security Standards.
4.6 Data Loss. In the event of any loss or damage to the Provider Data and Provider Content, Provider’s sole and exclusive remedy against Amplify shall be for Amplify to use reasonable commercial endeavours to restore the lost or damaged Provider Data from the latest back-up of such data maintained by Amplify in accordance with the archiving procedure described in Section 5. Amplify shall not be responsible for any loss, destruction, alteration or disclosure of Provider Data or Provider Content caused by any third party (except those third parties sub-contracted by Amplify to perform services related to maintenance and back-up for which it shall remain fully liable).
4.7 Services data. (i) Amplify does not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any content) on the Service. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use. (ii) The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under Amplify’s control. Amplify is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. Amplify does not endorse any information on linked sites or any associated organisation, product or services. (iii) The Provider may download from the Service its Users’ task and compliance history strictly for the purpose of maintaining its User records. It must not sell, redistribute or use such data for any other purpose. The Provider may only use such means for the export and/or download of its User's task and compliance history, as expressly provided for such purpose as part of the Service
4.8 Personal Data. In the event that Amplify has access to, acquires or otherwise processes personal data in connection with the Terms, the Parties will comply with the terms and conditions set forth in the Annex to these Terms for the purposes of protecting personal data and for compliance with applicable Data Protection Law.
5. Provider Obligations.
5.1 Registration. To use the Service the Provider must Register on the Platform as a Provider. Upon registration the Provider will set an email and password (together "Identifiers") in order to obtain access to its account. The Provider is responsible for keeping the Identifiers secret. As soon as the Provider knows or has reason to suspect that the Identifiers are no longer secret, or that their account is being abused, you must notify Amplify immediately and take all necessary steps to prevent unauthorised access including changing relevant Identifiers and taking other security measures as recommended by Amplify. During Registration Providers must provide Provider Data which is accurate, complete and up to date.
5.2 Registration limitations. The Provider shall not: (i) create more than one account; (ii) create an account for another natural person or legal entity; (iii) share an account or in any other way provide access to the account to another natural person or legal entity; (iv) create an account if you are younger than 18 years of age.
5.3 User Terms and Conditions. The Provider shall procure that its Users read and understand the User Terms and Conditions when they sign up to receive a service from the Provider. The User Terms and Conditions and provided on the Website.
6.1 Payments. If you are a Provider using a paid for subscription, you shall pay Amplify the agreed fees of your subscription (hereinafter "Fees") at the times agreed with Amplify. Unless otherwise stated all Fees are in GBP and exclusive of all taxes, levies, or duties imposed by taxing authorities including without limitation taxes (such as VAT).
6.2 Changes to Fees. Amplify is entitled to change its Fees at any time by email notice to you. The changed Fees will become applicable to you from commencement of your next Subscription Term.
6.3 Default. If the Provider fails to provide the full payment at the agreed time, you will immediately be in default without any advance demand or notice of default being required. From the time of default: (i) Amplify may immediately terminate or suspend your access to, and use of, the Service, in whole or in part, including access to the Platform by your Users; (ii) You will owe Amplify interest equal to the maximum rate permitted by law from (and including) the due date of payment up to the date of payment in full with interest; (iii) Amplify may decide to refer the debt for collection, in which case all costs incurred by Amplify in connection with the late payments will be charged to you. These costs are estimated to come to at least 10% of the amount of the invoice with a minimum of £100, excluding VAT.
6.4 Fees and Service.To the maximum extent permitted by law, the Service is provided on a non-refundable basis. There will be no refunds or credits for: (i) partial months of Service; (ii) months of Service unused with an activated account; (iii) unauthorised use of an account; (iv) when Services are suspended under Section 6.3; and (v) during periods of technical maintenance of the Platform. Furthermore, complaints regarding (parts of) the Service or an invoice do not suspend your payment obligation. None of the foregoing restricts your statutory rights.
7. Intellectual Property.
7.1 The Platform. Provider acknowledges and agrees that Amplify and/or its licensors own all Intellectual Property Rights in the Platform, the Services and any associated documentation or content (excluding Provider Content where the terms of Section 7.2 shall apply). Except as expressly stated herein, the Terms do not grant Provider any Intellectual Property Rights to, under or in, or any other rights or licences in respect of, the same. Furthermore, all Intellectual Property Rights in the formatting, presentation, methodologies, processes, techniques, applications or systems used in connection with the Platform, shall always belong to Amplify.
7.2 Provider Content. The Provider shall retain all Intellectual Property Rights in Provider Content uploaded to the Platform. By making available or uploading Provider Content to the Platform the Provider automatically grants Amplify and its Affiliates a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use this content on the Platform or as part of the Service.
8. Amplify Indemnity.
8.1 Indemnity. Amplify undertakes to defend Provider from and against any claim or action that the use of the Platform (or any part thereof) infringes the Intellectual Property Rights of a third party (“Provider Claim”) and shall fully indemnify and hold harmless Provider from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against Provider as a result of, or in connection with, any such Provider Claim.
8.2 Procedure. If any third party makes a Provider Claim, or notifies an intention to make a Provider Claim against Provider, Provider shall: (i) as soon as reasonably practicable, give written notice of the Provider Claim to Amplify, specifying the nature of the Provider Claim in reasonable detail; (ii) give Amplify sole authority and conduct of the Provider Claim; (iii) not make any admission of liability, agree terms or compromise in relation to the Provider Claim without the prior written consent of Amplify (such consent not to be unreasonably conditioned, withheld or delayed); and (iv) provide Amplify and its professional advisers with all reasonable co-operation to assist in the defence and settlement of such Provider Claim, at Amplify’s expense.
8.3 Remedies. Without prejudice to Section 1, if any Provider Claim is made, or in Amplify’s reasonable opinion is likely to be made, against Provider, Amplify may, at its sole option and expense: (i) procure for Provider the right to continue using the Platform (or any part thereof) in accordance with the terms of the Terms; (ii) modify the Platform so that it ceases to be infringing; or (iii) if such remedies are not reasonably available, terminate the Subscription Term on two (2) business days’ notice to Provider and Amplify shall repay to Provider all sums which Provider has paid to Amplify under the Subscription Term for the infringing part.
8.4 Exclusions. In no event shall Amplify, its employees, agents and sub-contractors be liable to Provider to the extent that any Provider Claim is based on: (i) a modification of the Platform by anyone other than Amplify; (ii) Provider’s (or any User’s) use of the Platform in a manner contrary to the instructions given by Amplify; and/or (iii) Provider’s (or any User’s) use of the Platform after notice of the alleged or actual infringement from Amplify or any appropriate authority.
Exclusive. The foregoing states Provider’s sole and exclusive rights and remedies, and Amplify’s entire obligations and liability, for infringement of any Intellectual Property Rights.
9. Provider Indemnity.
9.1 Indemnity. Provider undertakes to defend Amplify from and against any claim or action (“Amplify Claim”) that: (i) the Provider Content infringes the Intellectual Property Rights of a third party (ii) results from the nature or use of the Provider Content; or (iii) results from advice, content or assignments provided by Provider to Users. In all cases Provider shall fully indemnify and hold harmless Amplify from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against Amplify as a result of, or in connection with, any such Amplify Claim.
9.2 Procedure. If any third party makes an Amplify Claim, or notifies an intention to make an Amplify Claim against Amplify, Amplify shall: (i) as soon as reasonably practicable, give written notice of the Amplify Claim to Provider, specifying the nature of the Amplify Claim in reasonable detail; and (ii) provide Provider and its professional advisers with all reasonable co-operation to assist in the defence and settlement of such Amplify Claim, at Provider’s expense.
9.3 Exclusions. In no event shall Provider, its employees, agents and sub-contractors be liable to Amplify to the extent that any Amplify Claim is based on use of Provider’s Content after a reasonable notice period has been given in writing to Amplify that such Provider Content should be removed from the Platform.
10. Term and Termination.
10.1 Term. Provider shall Register to use the Service for its Subscription Term. If no Subscription Term is stated, the Provider may continue to use the Service until terminated by either party in accordance with Sections 10.3 and 10.4.
10.2 Renewal of Subscription Terms. At the end of each Subscription Term the Service shall automatically renew for additional periods equivalent to the Subscription Term (and become a new Subscription Term) and any Fees shall become due at such renewal time.
10.3 Termination by Notice. Either Party may terminate the Service by: (i) providing written notice to the other Party; or (ii) through any termination process facilitated by the Platform. In either case such notice to terminate shall be effective as follows: (i) If either Party terminates 30 days or more before the end of the current Subscription Term, the cancellation will take effect at the end of the current Subscription Term (and for the avoidance of doubt the Provider will not be charged for the following Subscription Term. (ii) If either Party terminates less than 30 days before the end of the current Subscription Term, the cancellation will take effect at the end of the next Subscription Term and Fees will be due and payable for the subsequent Subscription Term. (iii) In the event that there is no stated Subscription Term such termination shall be effective at the start of the next business day.
10.4 Termination by Reason. Either party my terminate this agreement with immediate effect (i) if the other Party commits a material breach of any of the Terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; or (ii) if the other Party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent or bankrupt or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
10.5 Effect of Termination. (i) On termination of the Services the Provider shall no longer have access to the Service or be able to log onto the Platform as a Provider; (ii) After termination of the Service, for whatever reason, the User shall not be able to access any tasks assigned by that Provider. If a Provider has assigned tasks to Users that extend beyond the current Subscription Term, the Provider must manually edit the assignments of these Users to end within the current Subscription Term; and, (iii) In the event the Service is terminated by Amplify under the terms of Section 10.4, the Provider will not receive any refunds of amounts paid to Amplify.
10.6 Rights Reserved. On termination of the agreement for any reason, any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
10.7 Survival. Notwithstanding any provision of the Terms to the contrary, the provisions of 6, 7, 8, 9, 11 and 12 and any other clauses which expressly or impliedly survive termination of the Terms for any reason whatsoever shall continue in full force and effect after termination.
11. Limitation of Liability.
11.1 No exclusion. Nothing in the Terms excludes the liability of either Party for: (i) death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability to the extent it cannot be limited or excluded by law.
11.2 Exclusions. Subject to Section 1, Amplify shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: (i) loss of profits; (ii) loss of business; (iii) loss of trade; (iv) loss of margin; (v) depletion of goodwill and/or similar losses; (vi) loss or corruption of data or information; (vii) pure economic loss; or (viii) for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Terms.
11.3 Limitations. Amplify’s total aggregate liability in contract (including in respect of the indemnity at Section 8), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Services shall be limited to the lower of: (i) the Fees paid by Provider during the 12 months immediately preceding the date on which the claim (or series of connected claims) arose; and, (ii) £5,000.
12. General Provisions.
12.1 Credit Check. Provider hereby authorises Amplify to inquire into its credit history, including requesting credit reporting agencies and any other references for Provider’s credit information. Amplify reserves the right, in its sole discretion: (i) to refuse to grant Provider a Subscription based on its credit worthiness; (ii) require the Provider to pay in advance for the full Subscription Term; or (iii) require a security deposit that will ultimately be refunded upon termination of the Service provided all amounts owed or due to Amplify under the Terms have been paid in full.
12.2 Force Majeure. No delay or default in performance of any obligation by either Party, excepting all obligations to make payments hereunder, shall constitute a breach of the Terms to the extent such default or delay is caused, directly or indirectly, by an event beyond the reasonable control of the Party unable to perform, including fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, failure of the Internet or strikes, lockouts or labour difficulties. Time for performance shall be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for 60 days or more, the Party not affected may, at its option and if in its opinion it is reasonable for it to do so, terminate their agreement by giving 14 days written notice of such termination to the other Party.
12.3 Waivers and Remedies. Except as otherwise stated in the Terms, the rights and remedies of each Party under the Terms: (i) are in addition to and not exclusive of any other rights or remedies under the Terms or the general law; and (ii) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under the Terms is not a waiver of that or any other right. Partial exercise of any right under the Terms shall not preclude any further or other exercise of that right or any other right under the Terms. Waiver of a breach of any term of the Terms shall not operate as a waiver of breach of any other term or any subsequent breach of that term.
12.4 Severability. If any particular provision of the Terms is held to be invalid or unenforceable, the Parties intend for that provision to be interpreted in the manner that most closely reflects the Parties’ original intent while rendering it enforceable, and the remaining provisions of the Terms shall remain in full force and effect.
12.5 Assignment. The agreement may not be assigned, sublicensed or otherwise transferred, in whole or in part, by Provider, whether by operation of law or otherwise, without Amplify’s prior written consent. Any attempted assignment in violation of this Section will be void. Amplify may assign the agreement to an Affiliate and/or may perform its obligations through its Affiliates and/or through subcontractors selected by Amplify; provided, however, Amplify shall not be relieved of its obligations under the Terms by use of such Affiliates or subcontractors.
12.6 No Partnership. Amplify acts and shall always act as an independent contractor. Nothing in the Terms shall be construed or is intended to create an agency, partnership, employer and employee relationship or any form of fiduciary relationship between Provider and Amplify or between a Party and any officer or employee of the other Party. Neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
12.7 Third Party Rights. A person who is not a Party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce, or to enjoy the benefit of, any provision of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
12.8 Notices. All notices between the Parties with respect to the Terms shall be in writing and signed by or on behalf of the Party giving it. In the case of any notice given by email, the notice shall state that it is given as a notice under the Terms and an email so marked shall be deemed to be signed for the purposes of this Section. Any notice referred in this Section may be given: (i) by delivering it by hand; (ii) by first class pre-paid post or recorded delivery; or (iii) by email; and, (iv) through any mechanism prescribed using the Platform. Notices shall be sent:
- To Provider, at the postal or email address provided on Registration.
- To Amplify, Attn: CFO, to its registered office as given at the time at Companies House and email@example.com.
- If no address for Provider is provided with the Provider Data, then its address for the purposes of this Section shall be its registered office address (if appropriate). Either Party may substitute its address for notice purposes by giving notice in accordance with this Section. Notices shall be deemed to have been received: (i) if delivered by hand, on the day of delivery; (ii) if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; and (iii) if sent by email, at the time of transmission unless sent after 17.00 in the place of receipt in which case they shall be deemed to have been received on the next business day.
12.9 Entire Terms. These Terms (together with all documents referred to herein) constitutes the entire agreement between the Parties concerning the subject matter of the agreement and supersedes all prior or contemporaneous oral or written proposals, negotiations, conversations and other communications between the Parties relating to the subject matter of the agreement.
12.10 Governing Law; Jurisdiction. The Terms are made under and will be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the courts of England. Except for actions related to the protection of the proprietary rights of Amplify and its suppliers, neither Party shall bring any legal action against the other relating to the subject matter of the Terms more than 2 years after the cause of action arose. Nothing in the Terms affects any statutory rights that cannot be waived or limited by contract under applicable law.
ANNEX - DATA PROTECTION
1. Data Processing
1.1 Definitions. For the purposes of this Annex “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb ‘to process’) shall have the meaning set out in the Data Protection Law.
1.2 General Obligations. Each Party shall comply at all times with Data Protection Law and shall not perform its obligations under this Annex in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law. The Parties acknowledge that in the context of this Annex and the Agreement, Amplify will act as “processor” to Customer as “controller”, with respect to the personal data in connection with the Services. However, Amplify will also act as an independent controller in respect of personal data in connection with the App, which shall be governed by the terms of the EULA.
1.3 Customer Obligations. Customer represents and warrants to Amplify that with respect to any personal data processed pursuant to this Annex: (i) all personal data is necessary for the purpose for which it is processed, accurate and up-to-date; (ii) taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Customer has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk to the personal data; (iii) Customer has obtained all the necessary consents from data subjects to process the personal data and to outsource the processing of any personal data to Amplify and Customer covenants that it shall notify Amplify in writing if there are any material changes to these consents or to the personal data that Amplify processes under this Annex; and (iv) it is not aware of any circumstances likely to, nor will it instruct Amplify to process the personal data in a manner that is likely to, give rise to a breach of the Data Protection Law (or any other applicable data protection or privacy laws).
1.4 Assessment. Customer acknowledges and agrees that pursuant to its obligation under Article 28(1) of the GDPR to only appoint processors providing sufficient guarantees to implement appropriate technical and organisational measures to meet the requirements of the GDPR, it has assessed Amplify’s applicable technical and organisational measures and considers them to be sufficient, taking into account the nature, scope, context and purpose of the processing undertaken pursuant to the Annex.
Where Amplify processes personal data on behalf of Customer, with respect to such processing, the following Sections shall apply.
1.5 Amplify’s Obligations. Amplify shall: (i) process the personal data only in accordance with this Annex and the documented instructions of the Customer given from time to time. Customer acknowledges that Amplify is under no duty to investigate the completeness, accuracy or sufficiency of such instructions; (ii) only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on Amplify’s instructions in relation to the processing; and (iii) protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm and risk which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the personal data and having regard to the nature of the personal data which is to be protected (and Customer shall notify Amplify immediately if the nature of such personal data changes in a material way).
1.6 Sub-processors. Amplify shall: (i) remain entitled to appoint third party sub-processors. Where Amplify appoints a third party sub-processor, it shall, with respect to data protection obligations: (a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as Amplify; and (b) remain fully liable to Customer for all acts and omissions of the third party, and all sub-processors engaged by Amplify as at the Effective date shall be deemed authorized; and (ii) in addition to the sub-processors engaged pursuant to paragraph (i) above, be entitled to engage additional or replacement sub-processors, subject to: (y) the provisions of paragraph (i)(a) and (i)(b)6 being applied; and (z) Amplify notifying Customer of the additional or replacement sub-processor, and where Customer objects to the additional or replacement sub-processor, the parties shall discuss the objection in good faith.
1.7 Breaches and Audits. Amplify shall: (i) notify Customer without undue delay after becoming aware that it has suffered a personal data breach; and (ii) at Customer’s cost and not more than once in any 12 month period permit Customer (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit Amplify’s data processing activities to enable Customer to verify and/or procure that Amplify is complying with its obligations under this.
1.8 Assistance. Amplify shall: (i) on Customer’s reasonable request and at Customer’s cost, assist Customer to respond to requests from data subjects who are exercising their rights under the Data Protection Law (insofar as it is reasonable for Amplify to do so); (ii) on Customer’s reasonable request and at Customer’s cost, assist (insofar as it is reasonable to do so, taking into account the nature of the information available to Amplify and any restrictions on disclosing the information, such as confidentiality) Customer to comply with Customer’s obligations pursuant to Articles 32-36 of the GDPR (or such corresponding provisions of the Data Protection Law), comprising (if applicable): (a) notifying a supervisory authority that Customer has suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and (iii) unless applicable law requires otherwise, upon termination of the Agreement delete all personal data provided by Customer to Amplify (unless this is not technically possible, prohibited by law or would involve disproportionate effort).
Terms and Conditions - User
PLEASE REVIEW THESE TERMS CAREFULLY
Welcome to Amplify. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below).
Agreement to Terms and Conditions
The Amplify mobile application and related website https://amplifylife.com/ and services (collectively, the “Services”) are made available to you by Amplify Life Limited a company registered in England and Wales (company number 9495037) with its registered office at 34a Watling Street, Radlett, Herts, WD7 7NN. References to “we“, “us“, or “our” are references to Amplify Life Limited.
These terms and conditions together with our Privacy Notice (“Terms and Conditions”) set out the terms on which we supply any of our products (“Products”) or provide any of our Services to you (whether as a guest or registered user). Please read them carefully as they affect your rights and liabilities under the law. By using the Services you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions and/or our Privacy Notice, you are not permitted to use our Services and please do not register for or use the Services.
IN PARTICULAR PLEASE READ THE DISCLAIMER AND LIABILITY PARAGRAPHS HEADED “OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU” BEFORE STARTING TO ACCESS OR USE THE SERVICES.
Disclaimer and Liability
WARNING: OUR SERVICES ARE INTENDED TO PROVIDE GENERAL INFORMATION IN RELATION TO HEALTH AND FITNESS AND ASSIST USERS TO TRACK, COACH AND SUPPORT PERSONAL HEALTH. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. You must therefore check any advice or information provided on via our Services with your own GP (or other appropriate healthcare professional) before taking or refraining from any course of action or treatment or if you are unsure how this information or the Services may affect your health. Failure to do so could damage your health.
Amendments to Services and Terms and Conditions
We reserve the right, from time to time, to change these Terms and Conditions to reflect changes in law or best practice or to deal with additional features which we introduce. The Terms and Conditions applicable to your access to and use of the Services will be the version appearing on this page – please ensure you check which version of the Terms and Conditions applies to your use of the Services. We will give you notice of any change by either sending you an email with details of the change or notifying you of a change when you next start using the Services.
Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not accept the notified changes you should not continue to use the Services.
Our Privacy Notice explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Notice.
In order to gain access to the Services and to purchase Products, you must first register to set up an account with us by completing the required registration details.
In order to register an account you must be an individual and agree to comply with these Terms and Conditions.
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms and Conditions on your behalf.
You confirm that all information you provide to us for the Services is true, correct and accurate. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you authorise us to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to your use of such third party network.
We may refuse at our absolute discretion any application to join us or receive our Services for any reason at any time whatsoever. Any suspension or cancellation of your registration and your right to use the Services shall not affect either party’s rights or liabilities.
When you download our mobile application relating as part of our Services you will also be subject to the terms and conditions of the App Store, Google Play Store, or other mobile application provider from which you downloaded our mobile application.>
Password and Security
When you register to use the Services you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, or you suspect any breach of security or misuse of the Services, you should notify us by contacting us immediately via the details set out in the “Contacting Us” paragraph below.
If we have reason to believe that there is likely to be a breach of security or misuse of the Services, we may require you to change your password or we may suspend your account.
The services provided by the Services do not include the provision of computer, mobile or other necessary equipment to access the Services. To use the Services you may require Internet connectivity and appropriate telecommunication links. We shall not be liable for any internet, data, mobile or other costs that you may incur when accessing or using the Services.
Limitations on use of Services
You may not use the Services for any of the following purposes:
- disseminating any false, misleading, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, including “fake news”;
- infringing our intellectual property rights or those of any third party, including by the submission of any material to the Services (to the extent that such use is not licensed by these Terms and Conditions);
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Services;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or web sites connected to the Services; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- transmitting material containing any form of advertising or promotion for products and services, junk mail, chain letters or “spam”;
- impersonating another person;
- uploading any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or Services, or that contains other harmful, disruptive, or destructive files or content; or
- referring to or creating links to other websites outside of those run by us or any of our group companies.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of law and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with any breach by you of the terms of this paragraph.
We reserve the right to refuse to allow you to post material on the Services or to remove any material already posted on the Services at our sole discretion.
Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We also cannot guarantee that the Services will be fault free, or uninterrupted. You are responsible for configuring your information technology, computer programmes and mobile device in order to access the Services. You should use your own virus protection software.
If a fault occurs in the Services you should report it by contacting us using the details set out in the “Contacting Us” paragraph below. We will attempt to correct the fault as soon as we reasonably can.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
Use of Community Services and interaction with other Amplify users
The Services may allow users to interact with each other via message boards, and other user forums (“Community Services”). The Community Services function as a venue to connect members in a virtual information place. We are not directly involved in the actual interactions between users of the Community Services.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded or downloaded (collectively referred to as “Content”) or communications posted via the Community Services or endorse any opinions expressed via such Community Services. You understand that by using the Services, despite our efforts you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate. All Content is the sole responsibility of the person who authored and/or posted such Content. We may not monitor or control the Content posted via the Services but we do not take responsibility for such Content and are not obligated to monitor access or use of the Services. If you discover any Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate you should report it by contacting us via details set out in the “Contacting Us” paragraph below.
We shall have no responsibility to confirm the identity, qualifications, background, or abilities of users of the Community Services. You shall at all time exercise common sense and good judgment when dealing with any user of the Services.
We advise you not to post or in anyway reveal any of your personal details on the Community Services (for example, your address and telephone number). You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of us. We make no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties.
You will be responsible for:
- any claim by any third party that the use of the Community Services by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Community Services by you infringes that third party’s copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Services by you; and
- our losses and costs resulting from your breach of these Community Services terms and conditions.
Other than in respect of your Personal Data which is covered under our Privacy Notice, any material you transmit or post via the Services shall be considered non-confidential and non-proprietary. We have no obligations with respect to such material./p>
By submitting, posting or displaying information through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein in any and all media or distribution methods for any and all commercial or non-commercial purposes.
All copyright and other intellectual property rights in the Services (including, without limitation, all materials, documentation, trade names and other proprietary information, logos, software, images, audio, video, multimedia content, photos and graphics) throughout the world belong to us (or our licensors). The rights in the Services are licensed (not sold) to you. All such rights are reserved. You have no intellectual property rights in, or to the Services, other than the right to use them in accordance with these Terms and Conditions.
You may retrieve and display the content of the Services on a computer screen, mobile device or portable tablet, store such content in electronic form on or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Services without written permission from us.
No licence is granted to you in these Terms and Conditions to use any of our trademarks or of our affiliated companies including, without limitation, the names Amplify, Amplify Life and associated trademarks.
Your content in our services
Our Services allow you to upload and submit content and data. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or submit content or data to or through our Services, you give us (and those we work with) a non-exclusive, perpetual, worldwide licence (together with the right to sub-licence) to use, host, store, reproduce, modify, create derivative works (such as those resulting from analyses, correlations, translations, adaptations or other changes that we may make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
Our systems analyse your data and content (including data received from third party applications you have given us permission to receive it from) to provide you with personally relevant products, services and features, such as customised plans, tailored recommendations and advertising. This analysis occurs as the content is sent, received and when it is stored.
No reliance on information
The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (eg devices to track exercise). While Amplify may recommend the equipment or materials of certain third party suppliers, Amplify shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
In order to access certain premium content, applications, enhanced functionality and/or features of the Services (“Premium Membership”), you may be required to pay additional fees.
Premium Membership fees, along with any applicable VAT, may be paid on a monthly or annual basis as selected by you.
All Premium Membership fees are payable in advance and will be billed automatically by direct debit at the start of the monthly or annual period, as applicable.
Users changing from monthly to annual Premium Memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your Premium Membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the Premium Membership fees, and other charges you incur in connection with your Amplify account, whether on a one-time or subscription basis.
Premium Membership fees will auto-renew until your Premium Membership is downgraded or terminated.
We reserve the right to review Premium Membership fees annually. We will give you at least 30 days’ notice of any changes by either sending you an email with details of the change or notifying you of a change when you next start using the Services. Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not accept the notified changes you should cancel your Premium Membership.
You may cancel your Premium Membership at any time by contacting us at: firstname.lastname@example.org.
Amplify Pro Services
As part of the Services Amplify has developed a mobile and web-based platform (www.amplifypro.life) used by professionals (hereinafter "Providers") to gather information from, and/or provide information to those selected people within their care (hereinafter "Clients"). Amplify is not a Provider itself, and does not screen Content posted by Providers, nor does it select or screen specific information or assignments that are displayed to Clients. As such:
1. Amplify does not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any content, information or assignments) on the Service. You are responsible for the use of any such information and you should make your own enquiries from appropriate health care professionals to check if the information is accurate, complete and suitable for your intended use.
2. Amplify does not endorse or recommend any of the Providers on the Platform. Should you choose to follow or use any of the Providers this is at your sole discretion and Amplify has disclaims all liability.
3. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
4. There is the possibility of physical injury and/or death when participating in any task or assignment or attempting to follow any of the demonstration videos or diagrams. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your Provider and other medical professional or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed your Provider of your medical history and existing condition and have received their consent to participate (and continue to participate) in the assignments available to you through the Service.
5. At the Provider's request and with the consent of the Client, Amplify may, at its sole discretion, transfer a Client's records to the Client's new Provider using the Service. Once a transfer occurs no further access to the Client's records will be available to the transferring Provider. It is the responsibility of the transferring Provider to ensure that it maintains its records relating to the Client in accordance with law.
Third Party Products and Services
Third party products and services made available as part of the Services are made and offered directly by the applicable third party. When you purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Amplify. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Amplify shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the Services.
Amplify Supplied Products
Where we make Products available to you for purchase from us, the description and specification of any Products is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those Products. Any images of Products made available via the Services are for illustrative purposes only. The Products (and their packaging) we send you may vary slightly from those images available via the Services.
All Products shown via our Services are subject to availability.
The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
You can make orders as part of a rolling agreement with us where we agree to provide you with the Products on a periodic basis (weekly, bi-monthly, or monthly) (a “Subscription”) or you can place one off orders. Your Subscription will terminate automatically on termination of your account (by you or us). You can also terminate a Subscription as set out in the “How To End The Contract With Us” paragraph below.
Order Acceptance of Amplify Supplied Products
Our acceptance of an order takes place when you receive email confirmation from us that we have accepted your order, at which point the purchase contract will be made and you will be charged for your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because the Product(s) is (or are) out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
All offers are subject to availability and while stocks last.
If you wish to make a change to the Product you have ordered please contact us at: email@example.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
Deliveries and Returns of Amplify Supplied Products
The costs of delivery will be as displayed to you on the Services.
Our Services, including our website and mobile application is solely for the promotion of our Products and Services in the United Kingdom (including Northern Ireland). Unfortunately, we do not accept orders from addresses outside the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.
A Product which is goods will be your responsibility from the time we deliver the Product to you. Delivery is deemed to have taken place once the Products have been delivered to your specified address or in accordance with your instructions or you have signed for the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
We may have to suspend the supply of any Products to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the products to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the products as requested by you or notified by us to you.
You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than fourteen (14) days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
If the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Non Delivery and shortages
You are requested to examine all products delivered upon arrival and to advise us, as soon as possible after delivery, of any apparent damage, shortage or irregularity. Claims for incomplete, damaged or defective products must be made to us, in writing, to Customer Services at the address set out in the “Contacting Us” paragraph below. Please try to report all lost or undelivered boxes online within 7 days of the expected day of delivery so that we can remedy the issue promptly.
You can cancel your Premium Membership or any order for Products:
(a) at any time before the cut off times relevant to your delivery day by emailing us at firstname.lastname@example.org. The cut-off times are as follows: for sales through the Amplify shop 5pm day prior to dispatch of items; and for subscriptions 4 working days prior to the next specified delivery date (Monday delivery date specified as default if no other selected so cancellation would need to be made on previous Tuesday). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
(b) if, following delivery of your order, you realise that what you have bought is faulty or incorrectly delivered you may be able to get the Products replaced or get some or all of your money back). We are under a legal duty to supply Products that are in conformity with these Terms and Conditions; or
(c) if you want to end a particular order or Premium Membership subscription because of something we have done or have told you we are going to do. In particular, where we have:
(i) told you about an upcoming change to the products or these terms which you do not agree to;
(ii) told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(iv) supply of the products has been suspended for technical reasons; or (v) you have a legal right to end the contract because of something we have done wrong (including because we have delivered the products late);
(d) if you have just changed your mind about the Products or Premium Membership subscription you may be able to cancel your order and get a refund if you are within a 14 day cooling-off period from the date of delivery of the Products, but this may be subject to reasonable deductions to reflect costs incurred by us as permitted under your statutory rights and you will have to pay the costs of return of any goods. How long you have depends on what you have ordered and how it is delivered:
(i) If you have bought digital content for download or streaming (for example, a Premium Membership), you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(ii) If you have bought goods (for example, sport supplements you have 14 days after the day you (or someone you nominate) receives the goods, unless: (A)Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods, or (B) your goods are for regular delivery over a set period (for example a subscription service to sport supplement products) you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
(iii) If you have bought services you have 14 days after the day we email you to confirm we accept your order.
You acknowledge that the Products available via our Services are manufactured by third parties and the information on each Product has been supplied by such third parties and reproduced by us. As a result we have no control over, or responsibility or liability in relation to, the information given to us by such third parties.
How To End The Contract With Us
Cancellation of an order or subscription (including a Premium Membership) must be effective by accessing the Services , visiting “your subscription” in your account settings and selecting cancel subscription or by emailing us at email@example.com.
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must either post them back to us to the address set out in the “Contacting Us” paragraph below or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
We will pay the costs of return:
- if the products are faulty or incorrect goods have been delivered;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
For more details please see the managing my orders section of our FAQs or get in contact with us at the email address below.
We may end your rights to use the Services if you break these terms
We reserve the right to terminate or restrict your use of our Services, for any or no reason whatsoever.
We may end your rights to use the Services at any time by contacting you if you have broken these Terms and Conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so./p>
If we end your rights to use the Services:
- you must stop all activities authorised by these Terms and Conditions, including your use of the Services;
- you must delete or remove the Amplify mobile application from all devices in your possession and immediately destroy all copies of the mobile application which you have.
We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
- you do not, within a reasonable time, allow us to deliver the products to you.
Promotion Terms and Conditions
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by us or our partners. It is your responsibility to carefully review those terms and conditions.
All time sensitive promotions are according to GMT timing only.
Using Promotional or Discount Codes
A promotional or discount code (together “Codes”) is redeemed by entering its Code as required by the online process.
Your use of Codes indicates your agreement to be bound by these Terms and Conditions.
We reserve the right, at our sole discretion, not to accept any Code if it is being used in conjunction with any other Code or any other offer/discount listed on the Services.
We reserve the right to withdraw, vary or cancel a Code for any reason at any time without notice.
Customer Promotion Limits
Any promotional feature or Code will only be limited to one per customer unless otherwise stated.
Distribution of Promotional Codes
Codes are, and remain at all times, our property. The right to use Codes is personal to the original recipient and may not be transferred. Codes may not be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written consent.
Where the redemption of a Code is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Code. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.
Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
Security and Fraud
When you use a Code you warrant to us that you are the duly authorised recipient of the Code and that you are using it in product faith.
If you redeem, attempt to redeem or encourage the redemption of promotional codes to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any Code is being used unlawfully or illegally we may reject or cancel any Code and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action we deem appropriate in such instances.
If we refuse a Code submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
Limitation of liability with respect to promotions
We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Code or any failure or inability of a customer or household to use a Code for any reason.
Refunds on promotional offers
Refunds for products purchased under a Code will be based on the terms of the promotional price. Your statutory rights are not affected.
The price of any Products or Services is as quoted on the Services from time to time (inclusive of VAT). Prices at checkout will add any applicable delivery charges.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, or Maestro.
We reserve the right to change the fees for any Products or Services at any time. Where possible we agree to notify you at least 30 days in advance of any change in Premium Membership or other subscription fees. Please note that you can cancel at any time.
Payment for the Products and all applicable delivery charges is required in advance. We take payments by continuous payment authority. You will be charged as follows:
- Payments for products or services delivered under regular subscriptions will be charged 5 business days prior to the dispatch of the products.
- Payments for one-off or ad-hoc products or services will be charged 3 business days prior to the dispatch of the products.
You undertake that all details you provide to us for the purpose of purchasing Products or Services which may be offered by us on our Services will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or Services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.
Upon registering, reactivating your account, restarting regular deliveries, or changing card details, a £1 payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect these against your account balance.
Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. In the event that the payment card has expired we will be unable to take payment and fulfill your order.
We will make any refunds due to you as soon as possible.If you are exercising your right to change your mind then:
- If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Refunds will only be made on the credit card or debit card account used by you to pay.
Our Responsibility For Loss Or Damage Suffered By You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation for breach of your legal rights in relation to the products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and; and for defective Products under the Consumer Protection Act 1987.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the Products and/or Services for domestic and private use. If you use the Products and/or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the Website. We recommend that you back up any content and data used in connection with the Services, to protect yourself in case of problems with the Services.
Check that the Services suitable for you. The Products and Services, have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements.
We are not responsible for events outside of our control. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
Exercise and Advice Provided.
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our app you should get advice seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition and follow that advice.
You understand that the health, fitness and wellness content within the app is not intended as a diagnosis, prescription, treatment or cure for any disease and is not intended as a substitute for regular medical care. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Services without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional.
Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should stop exercising immediately if you feel ill, unwell or experience pain or discomfort and seek medical advice.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other products or service by any person following the information offered or provided within or through the Services. Reliance on any information appearing on a Services is strictly at your own risk. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
The Services may contain the opinions and views of other users. Given the interactive nature of the Services, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
We are not responsible for websites we link to.
We have no control over and assume no responsibility for the content of websites linked to from our Services. Any such links are provided for your information only and should not be interpreted as endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.
We make no promise that materials on the Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Services or upload or authorise the upload of data to this Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Our failure to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability and we reserve our rights in respect of these Terms and Conditions at all times.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
No waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
These Terms and Conditions and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Accounts with us are not transferable and therefore cannot be sold or traded.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. and any disputes will be decided only by the English courts.
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to our Customer Services team at: email@example.com or write to us at: Customer Services, Amplify, 34a Watling Street, Radlett, Herts, WD7 7NN.
Version: 1.0320 - Last Updated March 2020
The Amplify mobile application, related website, www.amplifylife.com, and services (collectively, the “Services”) are operated by Amplify Life Limited a company registered in England and Wales (company number 9495037) with its registered office at 34a Watling Street, Radlett, Herts, WD7 7NN. References to "we", "us", or "our" are references to Amplify Life Limited.
This Privacy Notice applies to the personal information we collect through our Services and how we may use it. Some of this information will enable us to identify you and is known as personal data (whether sensitive personal data or otherwise) (“Personal Data”). As required by law, we will take particular care when dealing with your Personal Data. This is part our commitment to protecting and respecting your privacy.
The terms “you”, “your” and “yours” when used in this Privacy Notice refers to any visitor to or user of this Site.
Any personal information you supply to us via the Services (and by other means) will be treated in accordance with applicable data protection. Where you provide us with personal information relating to others via the Services, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this Privacy Notice.
By proceeding with access to the Site you are deemed to have accepted the Terms and Conditions (including the terms of this Privacy Notice). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree with the Terms and Conditions as they apply to the Site, then please refrain from accessing or using the Site.
For the purposes of UK data protection law, the data controller is Amplify Life Limited of 34a Watling Street, Radlett, Herts, WD7 7NN.
Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
Changes to this Privacy Notice
We reserve the right, from time to time, with or without notice to you, to change our Privacy Notice at our sole discretion. Our Privacy Notice is applicable to your access to and use of the Services will be the version that is current and accessible at each date you access the Services. If we make changes, we will notify you by revising the date at the bottom of the Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Privacy Notice you should not continue to use the Services.
What information do we collect about you?
We may collect and store the following information:
Information you give us.
We require you to register to use our Services. When you do, we’ll ask for personal information, like your name, age, contact details, sports and lifestyle choices or credit card details to store with your account.
Information we get from your use of our Services.
We collect information about the services that you use and how you use them, like when you subscribe to one of our Services, watch a training video or view and interact with our ads and content.
Information we receive from other sources.
We also collect information from third party services and devices, such as apps and devices which you have requested we access as part of providing our Services to you. This information is collected by the third party provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your third party account settings.
Information we get generate from our Services.
We store information that we generate from our analysis of the data you and other users of our Services have provided and in connection with your use of our Services, such as training plans provided, products you have bought or services you have subscribed for.
Purposes For Which We Process Personal Data
We require this information to understand your needs and provide you with the Services and for the reasons given in more detail below. We will only process your Personal Data, in accordance with applicable law, for the following purposes:
creating and maintaining your account, if you download our mobile application and become our registered customer;
provision of the Services, for example, we may provide suggestions based on your previous searches to enable you to identify suitable services or events you may be interested in quicker or customise the Services according to your interests. This may also include, where legally permitted, processing data related to your location;
obtaining payment from you, if you purchase any of our goods and/or services;
handling and fulfilling your orders, if you request goods or services from us. This may also include processing of information that we receive from third parties, for example, address data to verify your correct address;
enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;
sending you personalised marketing communications, where you have agreed that we may do so, in order to keep you informed of our and our selected partner’s products and services, which we consider may be of interest to you; We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
serving personalised advertising to your devices, delivering ads based on your interests ascertained from your past searches, visits of subpages and purchases on our websites, and other data obtained through the use of "cookies" placed on your devices. Please see the “Cookies” section below;
offering you opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Notice, unless the rules for these offers note otherwise;
ensuring the security of your account and our business, preventing or detecting fraud or abuses of our app, for example, by requesting verification information in order to reset your account password. Logs and other data are used to troubleshoot the Services; detect and protect against error, fraud or other criminal activity;
resolving any returns, refunds or disputes, if you lawfully exercise your rights or if you wish to dispute any part of our offering;
developing and improving our products and services, for example, by reviewing visits to our website and its various subpages, demand for specific goods and services and User comments . We may use the information to improve our products and services, including analyses of data we have collected or stored. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and personalised offerings to our users. We also aggregate and de-identify certain information about our users to use for business purposes. From time to time, we may contact you for market research purposes and ask you to participate in surveys that help us understand your use of our products and services. We may contact you by email, phone, fax or mail (according to which preferences you have selected); and
to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.
Your consent, as the Data Subject, to the processing as specified in this Privacy Notice is the primary legal ground for our processing of your Personal Data. However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your Personal Data, such as:
your request for content, goods or services necessitating steps including processing of your Personal Data to be taken prior to entering into contract with you and any processing that is necessary for the performance of such contract. This will include any profiling activities that are necessary for the provision of Services under a contract with us; and<
legitimate interests pursued by us as a business, except where such interests are overridden by your interests and fundamental rights. We will rely on this legal ground in relation to the processing set out in sections “ensuring the security of your account and our business, preventing or detecting fraud or abuses of our website” and “I” above, in which we have a legitimate interest; and
compliance with a legal obligation to which we are subject, such as, for example, the processing for the purposes of ensuring the security of your account and our business, preventing or detecting fraud or abuses of our app as set out above.
What is a Cookie?
Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. This information is then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device. Cookies can be used to remember settings, like language and text size, or be used to show certain adverts to the user based on their previous viewing history (or what cookies they have collected).
Cookies used on the website
A list of all the types of cookies used on our Services by category is set out below.
Strictly necessary cookies - These cookies enable services you have specifically asked for. For the types of cookies that are strictly necessary, no consent is required. These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies the services you have asked for, such as shopping baskets or e-billing, cannot be provided.
Analysis cookies - These cookies collect anonymous information on the pages visited. By using the website, you agree that we can place these types of cookies on your device. These cookies collect information about how visitors use the website; for instance, which pages visitors go to most often, which pages they go to next and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All the information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website works.
Functionality cookies - These cookies remember choices you make to improve your experience. By using the website, you agree that we can place these types of cookies on your device. These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Targeting or advertising cookies - These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
How do I turn off cookies?
If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of the Site. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies at www.ico.org.uk/for-the-public/online/cookies/ or visit www.youronlinechoices.eu./p>
Consent for cookies
Given the nature of the cookies we use on our site and our intended audience of privacy professionals, we feel that an implied consent mechanism is appropriate and the least intrusive to our users' experience of our Site.
Please note that if you choose to reject cookies, certain parts of this site may not be available to you or may not function properly.
For more information about cookies and how you can control them, please visit www.cookiepedia.co.uk
Behavioural advertising and online privacy
Behavioural advertising enables retailers to display adverts to you on the web based on the products and retailers that you have previously visited. A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at www.youronlinechoices.eu. The guide contains an explanation of the self-regulatory scheme to allow you greater control of the advertising you see.
Disclosure of Customer Information That Could Identify You
There are circumstances where we wish to disclose or are compelled to disclose your Personal Data to third parties. This will only take place in accordance with the applicable law and for the purposes listed above. These scenarios include disclosure:
- via the use Social Tools within the Services, which provide many ways for you to share data with other users, such as through daily or weekly competitions, around successful completion of activities or by posting comments to the community message boards. When you interact with others in these ways, you will be displaying your data based upon the visibility settings in your user account privacy settings. Always check specific policies associated with any challenge to understand what data will be visible to other participants;
- to post on our Community Message board, you’ll be asked to create a community username that’s separate from your registered mobile app username. This community username will be posted next to any comments you publish on community message boards. Other information, like a profile photo that you’ve added to your account may also be visible on message boards, depending on your user account settings;
- to our subsidiaries, branches or associated offices;
- to our outsourced service providers or suppliers to facilitate the provision of our services or goods to our users, for example, the disclosure to our data centre provider for the safe keeping of your Personal Data, webhosting provider through which your Personal Data may be collected and identity verification partners in order to verify your identity against public databases, along with order fulfilment, email management and credit card processing providers;
- to our advertising partners who enable us to deliver personalised ads to your devices or similar advertising;
- subject to your consent, to our marketing partners, who may contact you by post, email, telephone, SMS or by other means. If you do not wish to be contacted, you may unsubscribe by clicking here;
- to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
- to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event. In the case of a merger or sale, your Personal Data will be permanently transferred to a successor company as permitted by law;
- to public authorities where we are required by law to do so or if we believe, after due consideration, that doing so is reasonably necessary to comply with a law, regulation, or valid legal process. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by a court order from doing so or where the request or legal process is directly related to a regulatory investigation. In the latter case, we will ensure user information we disclosed is treated as confidential; and
- to any other third party where you have provided your consent. You can direct us to share data with other parties. For example, you might authorise us to link your account with a third-party app or with a personal trainer; send status updates to your Facebook or Twitter account; or direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s Privacy Notice.
Default Visibility Settings
The privacy settings on your account when you register are set to reveal minimal data about you with the purpose of getting you active and involved with us and our services. You can adjust your privacy settings in your user account.
Disclosure of Data That Does Not Identify You (De- identified Data)
We may share or sell aggregated, de-identified data that does not identify you with partners and the public in a variety of ways, such as by providing research or reports about health and fitness or in services provided under our corporate registrations. When we provide this information, we take legal and technical measures to ensure that the data does not identify you and cannot be associated back to you.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- By changing the privacy and other settings in your user account.
- You may also unsubscribe to certain communications by following the instructions contained at the bottom of each type of email. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Notice or the Terms and Conditions, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by changing your settings in your user account or by writing to Customer Services at Amplify at the address given below.
- Where we’re relying upon your consent to process Personal Data, you can withdraw this at any time by contacting us using the details below.
You can access, rectify, restrict, limit or delete much of your information by logging into your registered user account. If you require additional access believe that any information we are holding on you is incorrect or incomplete or have questions concerning your data or if you are not a registered user of the Amplify mobile application, please contact us at firstname.lastname@example.org or at the address at the bottom of this Privacy Notice.
Deleting Information and Accounts
You may request that your account is deleted through your Amplify account or by contacting Amplify customer services at the address set out in the “Contacting Us” section below. Once deleted, your data, including your account, activities, training plans and place on leaderboards etc cannot be reinstated. We will generally respond to any such requests within 10-14 business days.
Note that content you have shared with others (for example, through Clubs) or that others have copied may also remain visible after you have deleted your account or deleted the information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
Credit card privacy
We do not store your payment information when you register with us. Your payment card details are encrypted, stored and processed by our fully PCI DSS compliant third party provider.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We will take all reasonable steps to ensure that any Personal Data that you provide via the Site is kept secure. Although we endeavour to protect your Personal Data, because of the nature of the Internet, we cannot guarantee the security of your data transmitted to the Site and any inward transmission of data is carried out at your own risk.
You should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use an SSL-capable browser, you are at risk for having data intercepted.
The information you provide to us or that we hold about you is stored, where applicable, in a secure cloud server, electronically in our databases. We are based in the UK. All data we collect will be stored in the European Economic Area (EEA).
International Transfer of Personal Data
We may transfer your Personal Data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in the section headed “Purposes For Which We Process Personal Data” above. In particular, your Personal Data may be transferred to our outsourced service providers located abroad. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. Please contact the Data Privacy Compliance Manager for a copy of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances.
Retention of Your Personal Data
Your Personal Data will be retained until your last use or purchase of our Services or goods and normally for a period of four years thereafter, unless longer retention is required by applicable local law or where we have a legitimate and lawful purpose to do so. However, we will not retain beyond this period any of your Personal Data that is no longer required for the purposes set out in this Privacy. The retention of your Personal Data will be subject to periodic review.
We may keep an anonymised form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Please note that this website is not intended for children under the age of 16.
Your Personal Data and Your Legal Rights
Any personal information you supply to us via the Site or via any third party website will be treated in accordance with applicable data protection laws including the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) and any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law.
We are committed to delivering the rights that individuals are entitled to under data protection laws in the UK (or as otherwise applicable). These are:
- the right to request a copy of the personal information we hold about you. To do this, please write to us at the address shown below making clear that you are requesting a copy of your Personal Data and including full details of what you require. You may also be required to submit a proof of your identity and a fee;
- the right to object to your personal information being used for direct marketing. We will give you the ability to object to this, and where required we will ensure we obtain your consent before undertaking marketing (see the “Controlling your personal information” section above);
- the right to object to your Personal Data being processed where the legal basis for the processing is our own legitimate interests as a business (see the “Purposes For Which We Process Personal Data” section above). We will comply with such a request unless there is a lawful reason for not doing so, such as, when we need to continue to process your data to defend a legal claim;
- the right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete Personal Data;
- the right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your Personal Data at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your Personal Data is essential (see the “Controlling your personal information” section above);
- the right of erasure. You may request that we erase your Personal Data and we will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping your Personal Data, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations (see also “Deleting Information and Accounts” above);
- the right to data portability. In certain circumstances, you may request that we provide your Personal Data to you in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services to us. Where this right is applicable, we will comply with such transfer as far as it is technically feasible; and
- the right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your Personal Data. However, you do have the right to contact the relevant supervisory authority directly. To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website for instructions.
The point of contact for further information about or to exercise any of the rights above is as follows:
Data Privacy Compliance Manager, Customer Services, Amplify Life Limited, 34a Watling Street, Radlett, Herts, WD7 7NN
In the first instance, you should direct any such request to us by email at address: email@example.com.
The Services may, from time to time, contain links to and from the Services of our partner networks, advertisers and affiliates. If you follow a link to any of these Services, please note that these Services have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these Services.
We have endeavoured to make our terms and conditions and Privacy Notice as straightforward as possible. However legal terms can be complicated. If you want to get in touch regarding or services or have a general question, please contact us at: firstname.lastname@example.org or write to us at:
Customer Services, Amplify Life Limited, 34a Watling Street , Radlett, Herts, WD7 7NN
Last updated: June 2018