The Movement Break 

Terms of Service

Last updated: 22nd June 2020

 

OVERVIEW

Welcome to The Movement Break, a virtual platform that gives businesses the opportunity to support employee wellbeing at work. Throughout the site, the terms “we”, “us” and “our” refer to The Movement Break. When we refer to "you" or “your”, we mean any person that accesses or uses our website. The Movement Break offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”),our Privacy Notice. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully, as they contain important information concerning your legal rights and limitations on these rights, as well as information about applicable law and jurisdiction for any disputes. By accessing or using our website and/or Services, you represent that you have read and understood these Terms of Service and agree to use our website in accordance with and subject to these Terms of Service and our Privacy Notice without modification. If you do not accept these Terms of Service and our Privacy Notice, please do not use our website and/or our Services.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is also hosted on our website and is an online e-commerce platform that allows us to sell our products and Services to you.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you warrant and represent that (i)all information supplied by you in the course of your use of our website and Services is true, accurate, current and complete, and (ii) you are at least 16 years of age or older in order to use our website and Services. The Movement Break does not knowingly collect the information of anyone under the age of 16.

 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

Your use of our website and Services is permitted by The Movement Break only for personal, non-commercial use and/or to make legitimate requests to make an enquiry and/or purchase of our Services offered. You agree not to use our website and Services to make any speculative, false, or fraudulent requests or purchases.

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right at our sole discretion to deny access to our website and Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of the Services, or access to the Services or any contact on the website through which our Services are provided, without express written permission by us.

 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Services are subject to change without notice. For the avoidance of doubt, any changes to our prices will apply only to new clients signing up with The Movement Break from the date such price changes take effect. Existing clients will remain on their chosen Movement Break package and corresponding price(s) for the remainder of their subscription term.

 

We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.

PAYMENT PROCESSING

Our monthly fees and charges are processed by the payments platform, Stripe. Stripe’s services are subject to the Stripe Connected Account Agreement, and the Stripe Services Agreement (together the “Stripe Terms”). By agreeing to our terms or continuing as a customer, you agree to be bound by the Stripe Terms, as the same may be modified by Stripe from time to time. As a condition of The Movement Break enabling payment processing services through Stripe, you agree to provide The Movement Break accurate and complete information about you and your business, and you authorise The Movement Break to share it and transaction information related to your use of the payment processing services provided by Stripe. The Movement Break is not a party to the Stripe Terms and has liable to you whatsoever in respect thereof.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per organisation or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

We make reasonable efforts to ensure that all credit card and debit card transactions carried out via our website are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on our website at any time during or after you make your purchase, conduct your transaction or disclose your card details on our website, The Movement Break shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

 

OPTIONAL TOOLS

We may provide you with access to third-party websites and tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Our website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The inclusion of hyperlinks on our website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, trade secret, privacy, data protection, personality or other personal, intellectual or proprietary right. You further agree that your comments will not contain libellous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

INTELLECTUAL PROPERTY

The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names, logos and the software required for our services used by or contained in our website (“Materials”) are owned by The Movement Break and protected by copyright, trademarks, database rights, and any other intellectual property rights. You agree that we or our licensors (as the case may be) exclusively retain all right, title, interest and intellectual property rights in and to the Materials (including client reviews and the look and feel of our website). We grant you a limited, revocable, non-transferable, non-sublicensable, license to use our website for your personal non-commercial purposes to access our website and purchase our Services in accordance with these Terms of Service (the "Limited Licence"). Save in respect of exercising your Limited Licence, you may not modify, copy, distribute, scrape, (hyper-/deep) link to, transmit, display, perform, reproduce, publish, license, promote, market, integrate, combine, create derivative works from, transfer, or otherwise use or sell any Materials (including any translations thereof and guest reviews). Other than the Limited Licence, nothing in these Terms of Service shall be construed as transferring or granting (by implication or otherwise) to you any licence or right in or to the Materials. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Materials or our website or any content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to The Movement Break. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database rights).

 

PERSONAL DATA

Your submission of personal information through the store is governed by our Privacy Policy,  which is hereby incorporated into and forms part of these Terms of Service.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall The Movement Break, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Our maximum aggregate liability to you (and any other party that has an interest in the our purchased Services) in relation to any purchase made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the Services fee that has been paid for that Services purchase. Nothing in these Terms of Service shall operate to exclude or limit liability arising out of (a) fraud or fraudulent misrepresentation; or (b) death or personal injury.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Movement Break and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Online Dispute Resolution

The European Commission Online Dispute Resolution Platform is available at the following link http://ec.europa.eu/odr. Please note that we do not currently engage in alternative dispute resolution in connection with customer complaints.

 

GOVERNING LAW

These Terms of Service and your use of our website are governed by the laws of Ireland. You hereby consent to the exclusive jurisdiction of the Irish courts in all disputes arising out of or relating to the use of our website each time you access our website. Use of our website is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Service including, without limitation, this clause.

 

CHANGES TO TERMS OF SERVICE

We reserve the right to update or otherwise modify these Terms of Service as well as the contents of our website at any time and for any reason and without liability to you, any other user or any third party. You understand and agree that your continued access or use of our website after such change signifies your acceptance of the updated Terms of Service. This right shall not affect the Terms of Service accepted by you upon making a purchase using our website. We will note the date that updates were last made to these Terms of Service at the top of this page, and the updated Terms of Service will take effect upon posting. It is your responsibility to check these Terms each time you access our website to review the most current version of these Terms of Service.

©2020 by The Movement Break. All rights reserved.