Terms of service.
Arvra Wellness is an online exercise and wellness platform offering workout videos and wellness themed products, services, content and features. This end-user licence agreement ("EULA") is a legal agreement between you ("End-user" or "you") and GS Wellness Limited (t/a Arvra), a company incorporated and registered in England and Wales with company number 13774370 whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF ("Arvra", "us" or "we") for the provision of the Arvra platform, accessible via our mobile app (“App”) and the data supplied or associated with the foregoing (together, the "Platform"). References to the Platform include the whole and any part of it, including the App.
We license use of the Platform to you on the basis of this EULA. The ways in which you can use the Platform may also be controlled by the relevant app store provider or operator ("AppStore") and you may be subject to the rules and policies applied by the AppStore ("AppStore Rules").
We do not sell the Platform to you. We remain the owners of the Platform at all times.
Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable to you, the remainder of this EULA shall remain in full force and effect.
IMPORTANT NOTICE:
BY TICKING THE CHECKBOX, YOU AGREE TO THE TERMS OF THIS EULA, WHICH WILL BIND YOU. YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 8 OF THIS EULA, “LIMITATIONS ON LIABILITY”, CLAUSE 9 OF THIS EULA, “DISCLAIMER” AND TO SCHEDULE 1 “FEATURES” WHICH SETS OUT INFORMATION ABOUT THE PLATFORM FEATURES.
WE ONLY SUPPLY THE PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PLATFORM FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE DO NOT LICENSE USE OF THE PLATFORM BY YOU; YOU MUST NOT ACCESS THE PLATFORM; AND YOU SHALL DELETE THE APP FROM YOUR DEVICE.
You should save a copy of this EULA for future reference.
AGREED TERMS
1. ACKNOWLEDGEMENTS
1.1 The terms of this EULA apply to the Platform, including any updates or supplements to the Platform, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Platform, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of a change when you next log on to the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Platform. If you don’t accept or agree with the notified changes you must discontinue using the Platform.
1.3 From time to time, updates to the Platform may be issued through the AppStore. Depending on the update, you may not be able to use the Platform until you have downloaded the latest version of it and accepted any new terms.
1.4 You must and are assumed to have obtained permission from the owner of any mobile telephone or handheld device which is controlled, but not owned, by you and described in clause 2.2 ("Devices"), to download a copy of the App onto the Device. You and/or the owner may be charged by a relevant service provider for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App and access to the Platform on and via any Device, whether or not it is owned by you.
1.5 By using the Platform, you acknowledge and agree that internet transmissions are never completely private or secure. Any materials and/or information that you upload to the Platform are uploaded entirely at your own risk and you acknowledge that we will have no liability to you for any loss or theft of any such materials and/or information. Furthermore, you understand that any message or information that you send via the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6 By using the Platform, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals to improve our products (including, but not limited to, the App) and to allow us to continue to make the Platform available to you.
1.7 The Platform may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE
2.1 In consideration of you agreeing to abide by the terms of this EULA and paying the Subscription Fee in accordance with clause 13, we grant you a non-transferable, non-exclusive licence to use the Platform, subject to these terms and the AppStore Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2 You may download a copy of the App to view, use and display the Platform on the Device for your personal purposes only.
2.3 You must be 16 or over to accept these terms and buy the App.
3. LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the Platform, except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the Platform with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the Platform;
3.1.5 to keep all copies of the App secure and to maintain and keep confidential a secure password for your use of the Platform, and to use and not circumvent such multifactor authentication as we may use to secure the Platform and your data from time to time. If at any time you have reason to suspect that your password has become compromised, you must immediately notify us of this via the contact details referred to at clause 11.1.
3.1.6 not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform ("Technology"),
together ("Licence Restrictions").
4. ACCEPTABLE USE RESTRICTIONS
4.1 You must:
4.1.1 not use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Platform, (to the extent that such use is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
4.1.4 not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.5 not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running it,
together "Acceptable Use Restrictions".
5. SERVICES
5.1 In consideration for your payment of the subscription fees in respect of a Fixed Term subscription or Monthly Subscription (both as defined below in clause 10), we will use reasonable endeavours to make the Platform available to you on, and subject to, the terms of this EULA.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the Platform and the Technology anywhere in the world belong to us or our licensors; that rights in the Platform are licensed (not sold) to you; and that you have no rights in, or to, the Platform or the Technology other than the right to use them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the Platform in source-code form.
7. LIMITED WARRANTY AND SUPPORT
7.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE IT AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, ARVRA, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER APPLICABLE LAW, INCLUDING USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, ARVRA MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APP WILL MEET YOUR EXPECTATIONS.
7.2 THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PLATFORM REMAINS SOLELY WITH YOU. ARVRA EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
7.3 IF ANY OF THE LIMITATIONS IN THIS CLAUSE ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE PLATFORM, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
8. LIMITATION OF LIABILITY
8.1 YOU ACKNOWLEDGE THAT THE PLATFORM HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE PLATFORM (AS DESCRIBED IN THE APPSTORE AND IN THE PLATFORM SPECIFICATION) MEET YOUR REQUIREMENTS.
8.2 AS STATED, WE ONLY SUPPLY THE PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PLATFORM FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, GOODWILL OR LOSS OF BUSINESS OPPORTUNITY.
8.3 EXCEPT AS OTHERWISE SET OUT IN THIS EULA, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE UP TO THE LIMIT SPECIFIED IN CLAUSE 8.4, BUT WE ARE NOT RESPONSIBLE FOR ANY:
8.3.1 UNFORESEEABLE LOSS OR DAMAGE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE GRANTED YOU THE EULA; OR
8.3.2 PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
8.3.3 INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM OR SERVERS;
8.3.4 BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
8.4 OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE SUBSCRIPTION FEE(S) ACTUALLY PAID BY YOU TO US OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. THIS DOES NOT APPLY TO THE TYPES OF LOSS SET OUT IN CLAUSE 8.6.
8.5 THE LIMITATIONS IN THIS CLAUSE 8 WILL APPLY EVEN IF THE REMEDY IN CLAUSE 8.4 FAILS OF ITS ESSENTIAL PURPOSE.
8.6 NOTHING IN THIS EULA SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
8.6.1 DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;
8.6.2 FRAUD OR FRAUDULENT MISREPRESENTATION; AND
8.6.3 ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
8.7 ANY DISPUTES NOT RAISED WITHIN SIX (6) MONTHS OF THE DATE ON WHICH THEY AROSE OR ON WHICH YOU BECAME OR SHOULD REASONABLY HAVE BECOME AWARE OF THE SAME, ARE IRREVOCABLY WAIVED.
9. DISCLAIMER
9.1 THE PLATFORM OFFERS EXERCISE AND WELLNESS CONTENT AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR GENERAL HEALTH PRACTICTIONER OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING A NEW FITNESS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. YOU SHOULD NOT RELY UPON INFORMATION, PRODUCTS, SERVICES, CONTENT AND FEATURES AVAILABLE VIA THE PLATFORM AS A SUBSTITUTE, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH YOUR GENERAL PRACTIONER OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD VIA THE PLATFORM. THE USE OF ANY INFORMATION, PRODUCTS, SERVICES, CONTENT AND FEATURES PROVIDED VIA THE PLATFORM IS SOLELY AT YOUR OWN RISK AND DOES NOT CONSTITUTE MEDICAL OR HEALTH CARE ADVICE.
9.2 DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND FEATURES THAT APPEAR ON THE PLATFORM. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED ON THE PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PARTICULAR PURPOSE.
9.3 BY USING THE PLATFORM YOU RECOGNISE THAT THERE IS ALWAYS AN ELEMENT OF RISK INVOLVED WITH ANY PHYSICAL ACTIVITY AND YOUR ATTENDANCE AT OR PARTICIPATION IN ANY EXERCISE WORKOUT IS SOLELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR GENERAL PRACTITIONER OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO PARTICIPATING IN ANY WORKOUT TO ENSURE THAT YOU ARE FIT AND WELL ENOUGH TO TAKE PART AND THAT YOUR PARTICIPATION WILL NOT POSE ANY UNUSUAL OR SERIOUS RISKS TO YOUR HEALTH AND WELLBEING. IF AT ANY TIME DURING A WORKOUT YOU FEEL DISCOMFORT OR PAIN YOU SHOULD CEASE THE EXERCISE AND SEEK MEDICAL ASSISTANCE AS REQUIRED.
10. TERM AND TERMINATION; CANCELLATION RIGHTS
10.1 Your use of the App is either on a fixed 6-month or 12-month subscription term (“Fixed Term”) or on a monthly subscription basis (“Monthly Subscription”). Subject to you paying the relevant subscription fee(s), this EULA will begin on the date that you agree to the terms of this EULA and will continue either for the Fixed Term (at the end of which rights of use will automatically terminate) or, for the Monthly Subscription, it will continue for periods of one (1) calendar month. You may not cancel your subscription during a Fixed Term. You may cancel your Monthly Subscription at any time by following the AppStore instructions via the subscription settings in your iTunes or Android account. All cancellations of Monthly Subscription will take effect starting at the end of the then-current billing period. For example, if you have a Monthly Subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. There are no refunds on subscriptions once the charge has gone through for the billing period.
10.2 Automatic Renewal; Recurring Charges. Fixed Term subscriptions will terminate at the end of the relevant Fixed Term. Monthly Subscriptions for the App are auto-renewing. You will be charged the stated subscription amount for the Monthly Subscription period upon completion of your registration and submission of your payment information. You hereby agree to and authorise automatic and recurring billing, and you agree to pay the charges made to your account in connection therewith. You will be billed on a recurring basis at the then-current applicable subscription price plus any applicable taxes at the start of each new Monthly Subscription period. Payments for renewal subscriptions are processed using the same billing cycle as your current Monthly Subscription. Monthly Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Monthly Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with paragraph 10.1 of this EULA.
10.3 We may terminate this EULA:
10.3.1 immediately by written notice to you, if you commit a material or persistent breach of this EULA which is not capable of remedy or, if remediable, you fail to remedy the breach within 14 days after we send you written notice requiring you to do so;
10.3.2 immediately by written notice to you, if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and/or
10.3.3 for convenience and without cause by providing you with no less than 30 days’ written notice.
10.4 On termination for any reason:
10.4.1 all rights granted to you under this EULA shall cease; and
10.4.2 you must immediately cease all activities authorised by this EULA, including your use of the Platform.
11. COMMUNICATION BETWEEN US
11.1 If you wish to contact us in writing, or if any clause in this EULA requires you to give us notice in writing, you can send this to us by e-mail to info@arvra.co.uk.
11.2 If we have to contact you or give you notice in writing we will do so by e-mail using the address that you provide to us when you first request a licence to use the Platform.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control").
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
12.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
13. PAYMENT
13.1 Details of payment shall be set out within the Platform from time to time, including the available options for payment of the subscription fees.
13.2 In consideration for the supply of the services set out in this EULA by or on behalf of us, you agree to pay the applicable subscription fees.
13.3 All amounts payable by you under the EULA are payable in sterling and are exclusive of amounts in respect of all applicable taxes (including value added tax chargeable from time to time), the payment of which you are responsible for in addition.
13.4 Payment services to enable you to pay to us the subscription fees will be carried out on our behalf by such regulated and trusted third party suppliers as we reasonably determine from time to time (“Payment Service”), to whose secure website/service you will be directed.
13.5 We will not receive your credit card or other payment data and so do not store such information.
13.6 You agree that by your interaction with the Payment Service you agree that their terms of service will apply to your use and interaction with them and that we shall have no liability to you should you suffer a loss from the use of any such Payment Service.
13.7 In the event of cancellation or the reversal of your payment of the applicable subscription fee, we have the right to suspend your account on the Platform. If your account has not been brought up to date within 14 days we have the right to terminate this EULA with no liability to you.
14. COMplaints
If you have any questions or complaints about the Platform, please contact us. You can email us at info@arvra.co.uk.
15. DATA PROTECTION
15.1 “Data Protection Legislation” means and includes the General Data Protection Regulation (EU) 2016/679) ("GDPR") and any national implementing laws, regulations and secondary legislation relating to data protection and privacy, including the Data Protection Act 2018 (“DPA 2018”) as amended from 31/12/2020 to incorporate GDPR ("UK GDPR"), 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 or updated from time to time, in the UK, as well as any successor legislation to the UK GDPR and DPA 2018; and, controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisation measures, have the meanings set out in the Data Protection Legislation.
15.2 You and we shall each comply with all applicable requirements of the Data Protection Legislation and other relevant data protection legislation applicable to your jurisdiction. This clause 15 is in addition to, and does not relieve, remove or replace either of our obligations under the Data Protection Legislation or other applicable data protection legislation.
15.3 You and we each acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor.
15.4 Our Privacy Policy (www.arvra.co.uk/privacy-policy) sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.
15.5 Without prejudice to the generality of clause 15.2, we will, in relation to any personal data processed in connection with the performance by us of our obligations under this EULA:
15.5.1 process that Personal Data only in accordance with this EULA and our Privacy Policy (www.arvra.co.uk/privacy-policy) unless we are required by the laws of England or elsewhere in the UK or any member of the European Union or other jurisdiction applicable to us to process personal data;
15.5.2 ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
15.5.3 ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential.
15.6 We outsource the processing of certain personal data such as payment services, to which you hereby consent. We confirm that we have or will enter (as the case may be) with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 15.
16. CONFIDENTIALITY
16.1 You and we will keep the other’s Confidential Information confidential and will not:
16.1.1 use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this EULA ("Permitted Purpose"); or
16.1.2 disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 16.
16.2 You and we will take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the EULA.
16.3 We acknowledge that your data is your Confidential Information.
16.4 We may disclose your Confidential Information to those of our representatives who need to know such Confidential Information for the Permitted Purpose, provided that:
16.4.1 we inform such representatives of the confidential nature of the Confidential Information before disclosure; and
16.4.2 at all times, we are responsible for such representatives' compliance with the confidentiality obligations set out in this clause 16.
16.5 A receiving party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and limits the disclosure so far as is possible.
16.6 You and we reserve all rights in our respective Confidential Information.
16.7 “Confidential Information" means all confidential information (however recorded or preserved) disclosed by a party or its employees, officers, representatives, advisers or subcontractors involved in the provision or receipt of goods and/or services (together, its "representatives") to the other party and/or that party's representatives in connection with the EULA, which information is either labelled confidential, represents the non-public information of the relevant party or should otherwise reasonably be considered as confidential because of its nature and the manner of its disclosure.
16.8 The term "Confidential Information" does not include any information that:
16.8.1 is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its representatives in breach of this clause 16);
16.8.2 was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
16.8.3 was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
16.8.4 was known to the receiving party before the information was disclosed to it by the disclosing party;
16.8.5 the parties agree in writing is not confidential or may be disclosed;
16.8.6 which has been fully anonymised; or
16.8.7 is developed by or for the receiving party independently of the information disclosed by the disclosing party.
16.9 Nothing in this clause 16, nor clause 15 above, shall prevent us from anonymising your data and aggregating the same with other anonymised user data for the purpose of data analysis, whether by us or our selected third parties.
16.10 The provisions of this clause 16 will continue to apply after termination of the EULA.
17. EXPORT CONTROLS
17.1 The Platform and the underlying information and technology may be subject to international laws (including US laws), restrictions and regulations that may govern the import, export, downloading and use of the Platform and the App. You agree to comply with these laws, restrictions and regulations when downloading or using the App.
18. JURISDICTIONAL AVAILABILITY
18.1 We do not represent or warrant that the Platform or the App is appropriate or available for use in any particular jurisdiction. We may limit the availability of the App, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
19.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
19.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.4 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
19.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
THE SCHEDULE - FEATURES
· The ARVRA Wellness platform has been developed to house 5 dimensions of wellness (Movement, Mindfulness, Nutrition, Recovery, Self-Development) in one place and to provide a cost-effective solution to holistic wellness, guided by trainers, coaches, instructors, and experts.
· The App includes:
· HOME WORKOUTS: Effective routines for small spaces
· YOGA: Essential flows for balance and flexibility
· MINDFULNESS: Ground yourself through mindful movement
· NUTRITION: Enhance results with holistic wellness tips
· STRENGTH TRAINING: Full-body workouts you can do at home
· BREATH WORK: Overcome challenges with focused breathing techniques
· MEDITATIONS: Cultivate appreciation and mindfulness
· SELF-DEVELOPMENT: Foster personal growth and create a better you
· New user registration requires certain mandatory information: your name, email and mobile number.