Welcome to the goEvo mobile application!
These Terms and Conditions are the rules applicable to the agreement for the access and use of the Service provided by Bighouse Ventures Limited, a company incorporated in the United Kingdom (referred to herein also as “goEvo”, “us”, “we” or “our”) to you (referred to herein also as “your” or “User”).
IN ORDER TO ACCESS AND USE THE SERVICE, YOU MUST AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT, YOU MUST NOT ACCESS AND/OR MUST IMMEDIATELY STOP USING THE SERVICE.
These Terms and conditions were last updated on March 18, 2017.
- Access to the Service
Bighouse Ventures Limited owns and operates the goEvo website and mobile application through which the Services are provided. The goEvo website, all related micro-sites and the goEvo mobile application are referred to collectively as the “App” in these Terms and Conditions. By accessing and using the Service through the App, you agree to these Terms and Conditions, the Privacy Statement referred to, and any additional terms applicable to certain products, services or programs which you may elect to take or in which you may elect to participate from time to time
As a condition of your use of the Service, you agree that you are an individual aged 18 years or more, and that you possess the capacity to enter into this legally binding agreement. If you allow any person other than you (including anyone under the age of 18) to use the App or the Service, this is in breach of our Terms and Conditions, and you do so entirely at your own risk and you hereby indemnify us in respect of any and all liability or claims arising from the use of the App or the Service by that other person. You agree further that you will register for and open only one account on the App, and that all information you provide to us will be accurate, true, current, complete and not misleading.
Each service provided through the App (together or any part of herein being referred to as the “Service”) is educational in nature and intended to offer general information and guidance on various aspects of wellbeing. THE SERVICE IS NOT INTENDED TO BE, NOR IS IT, PROVISION OF MEDICAL ADVICE, NOR IS IT AIMED AT PREVENTING, TREATING OR CURING ANY SPECIFIC MEDICAL, PHYSICAL OR MENTAL CONDITION. THE SERVICE IS NOT A SUBSTITUTE FOR ADVICE FROM AN APPROPRIATE MEDICAL PROFESSIONAL AND YOU SHOULD OBTAIN PROFESSIONAL MEDICAL ADVICE PRIOR TO USE OF THE SERVICE IF YOU ARE IN ANY DOUBT AS TO YOUR PHYSICAL OR MENTAL WELLBEING OR YOUR ABILITY TO USE ANY ASPECT OF THE SERVICE.
If any of the following apply to you, YOU MUST SEEK MEDICAL ADVICE PRIOR TO USING THE SERVICE:
- a known or suspected heart condition
- chest pains when doing exercise
- high or low blood pressure
- high cholesterol
- asthma or trouble breathing
- pregnant or breastfeeding
- recently had an operation
- being treated for any medical condition
- back, neck or joint pain
- if you have any other medical concerns which you think may affect you using the Service.
IF AT ANY TIME WHILE USING THE SERVICE YOU FEEL UNWELL YOU SHOULD STOP IMMEDIATELY AND SEEK MEDICAL TREATMENT.
- Creating an Account
To access and use the Service you first need to create an account. You may only create and hold only one account, which you are solely responsible for managing and maintaining. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future account credits and any unredeemed vouchers (if applicable) in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the App or in connection with your goEvo account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the App.
- Service Interruption
We cannot guarantee that provision of the Service will be uninterrupted, but will use all reasonable endeavors to avoid or minimize interruptions. The Service may be unavailable from time to time for any reason including, without limitation, routine maintenance of the App. We retain the right at our sole discretion to deny provision of any part of the Service, or access to the App or an account, to anyone, at any time and for any reason.
- Security of Information
We refer you to our Privacy Statement, the terms of which you accept as a condition to your access to the App and use of the Service. We are not responsible for the security of any data transmitted across the internet and/or any network and we are not responsible for any data lost or intercepted during transmission. We are not internet or network providers and you are responsible for the security of any data during transmission to us.
- Your Conduct on the App
Your right to use the App and the Service is conditional upon your compliance with these Terms and Conditions and with all applicable laws.
Without limitation to the generality of the foregoing, and unless expressly authorized in writing, the following activities are strictly prohibited and constitute a material breach of these Terms and Conditions:
- Accessing or attempting to access data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Submitting any information which you know to be inaccurate, committing fraud or falsifying information in connection with your goEvo account or in order to create multiple goEvo accounts;
- Attempting to scan, or test the security or configuration of the App or to breach security or authentication measures;
- Tampering or interfering with the proper functioning of any part, page or area of the App and any and all functions and services provided by goEvo;
- Attempting to interfere with provision of the Service to any user in any manner, including, without limitation, by means of submitting a virus to the App, or attempts at disrupting the operation of the App by any means including overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the App;
- Using the App or any of its contents to advertise or solicit, for any commercial, political, religious or other purpose, or to compete, directly or indirectly, with goEvo;
- Reselling or repurposing your access to the App or any purchases made through the App;
- Using the App or any of its resources to solicit any other end users or customers of the App, or merchants or other business partners of goEvo to become users or partners of other online or offline service providers which directly or indirectly compete with or which may compete with goEvo;
- Using any end user or merchant or business partner information from the App for any purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from the App using any “robot”, “spider”, “scraper” or other automated means or by using any manual process, for any purpose;
- Taking any action that places excessive demand on the operation of the App or provision of the Service, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other part of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the App (whether using links or other technical means or physical records associated with purchases made through the App) with material from other sites or on a secondary site;
- “Deep-linking” to any portion of the App;
- Acting illegally or maliciously against the business interests or reputation of goEvo, our merchants or business partners; or
- Hyperlinking to the App from any other app or website.
- Modification to the Terms and Conditions
We reserve the right at all times to discontinue or modify any part of the Service and to amend these Terms and Conditions. When we make changes we will notify you by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the App. Any changes to these Terms and Conditions will be effective upon the earlier of our dispatch of an email notice to you or our posting of notice of the changes on the App. Your use of the App after we update the Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
- Copyright and Trademarks
Everything located on or in the App is the exclusive property of Bighouse Ventures Limited or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING THE APP WITHOUT OUR EXPRESS WRITTEN PERMISSION IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the App are protected by copyright as a collective work under the United Kingdom copyright laws. Bighouse Ventures Limited owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material provided that it is for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Bighouse Ventures Limited or the copyright owner (if different) is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
goEvo is a trademark of Bighouse Ventures Limited. It, together with other trademarks that are located within or on the App otherwise owned or operated in conjunction with goEvo shall not be deemed to be in the public domain but rather the exclusive property of Bighouse Ventures Limited, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use by Bighouse Ventures Limited unless otherwise stated.
You will not upload, post or otherwise make available on this App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Bighouse Ventures Limited is under no obligation to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the App, you warrant that the owner of such material has expressly granted Bighouse Ventures Limited a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You also grant Bighouse Ventures Limited the right to edit, copy, publish and distribute any material that you make available on this App (which excludes personal data provided to us for the purposes of your account and your use of the Service).
- Copyright Infringement
Bighouse Ventures Limited respects copyright laws and reserves the right to terminate its agreement with you or any other end user who infringes any third-party copyright.
If you believe that any material on the App, whether put there by us or posted by an end user, constitutes copyright infringement in the United Kingdom, the United States or anywhere else, you should write to us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the App of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Unsolicited Ideas
We do not accept or consider, either directly or through any Bighouse Ventures Limited employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees or agents) any unsolicited ideas or suggestions (including without limitation those listed above), material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that, notwithstanding any cover letter or other terms that accompany them, Bighouse Ventures Limited has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential. In the event that Bighouse Ventures Limited develops or makes modifications to any product or service which is the same as or similar to anything contained in any unsolicited materials, Bighouse Ventures Limited shall not be liable to acknowledge or compensate you or the sender of the unsolicited materials in any way.
- Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER BIGHOUSE VENTURES LIMITED, ITS SUBSIDIARIES OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS, SERVICE, PRODUCTS OR VOUCHERS PROVIDED) THROUGH THE APP. THE APP AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE APP, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIGHOUSE VENTURES LIMITED HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE APP, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
IN NO EVENT SHALL BIGHOUSE VENTURES LIMITED, ITS SUBSIDIARIES OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP . IN NO EVENT WILL THE LIABILITY OF BIGHOUSE VENTURES LIMITED IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUDULENT REPRESENTATIONS MADE BY US OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILFUL MISCONDUCT.
- Governing Law and Arbitration
The agreement between us is governed by and shall be construed in accordance with the provisions of English law.
In the event a dispute arises we shall attempt to resolve the dispute amicably through friendly consultation.
Any dispute arising out of or in connection with this agreement which is not resolved amicably, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of LCIA, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of the arbitration shall be London, England. The language to be used in the arbitration proceedings shall be English.
- Public Nature of Your Statements
You understand and agree that all statements and comments which you or other end users send to us, including statements published on the goEvo blog (“Statements”) are public and not private and will not be kept confidential. Any person (whether or not another end user of the App) may read your Statements without your knowledge. Please do not include any personal data (as defined in our Privacy Statement) in your Statements. Bighouse Ventures Limited does not endorse any Statement found in any part of the goEvo blog, and while we reserve the right to monitor and delete content, we cannot guarantee that the Statements will be relevant or appropriate.
In uploading a Statement to the App, you agree and undertake to ensure that it is not unlawful, abusive, insulting, discriminatory, explicit, pornographic, or harmful to others or to the integrity of the App, nor will you use a Statement to promote the products or services of you or any third party, nor solicit custom from other end users of the App, nor will you include in a Statement any words or material which we have notified you are inappropriate. You hereby indemnify us for any loss or damage arising as a result of a breach of the undertakings contained in this paragraph.
Bighouse Ventures Limited excludes any liability concerning your use of the goEvo blog and the uploading or reading of any Statements.
You agree to defend, indemnify and hold harmless Bighouse Ventures Limited, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the App or any use of the App in violation of these Terms and Conditions.
The App contains details of or links to third parties (“merchants”) who may offer products or services to you. If you seek to obtain any products or services with any such third party, this is at your own risk and any contract entered into will be between you and the third party. To the extent permitted under applicable laws, you hereby release and hold harmless Bighouse Ventures Limited from any and all claims and liability related to any product or service obtained from a merchant, any action or inaction by a merchant, including a merchant’s failure to comply with applicable law and/or failure to abide by the terms of a contract between you and the merchant.
Bighouse Ventures Limited may terminate our agreement with you at any time if you are in breach of these Terms and Conditions, including without limitation if you are in breach of the section entitled “Your Conduct on the App”. Without limiting the foregoing, we have the right to immediately terminate or suspend any of your passwords or accounts in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement.
- Additional Disclosures
No waiver by either you or us of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in them, and the remaining provisions of the Terms and Conditions of our agreement shall continue in full force and effect.
You are contracting with Bighouse Ventures Limited. The provisions of these Terms and Conditions apply equally to and are for the benefit of Bighouse Ventures Limited, its subsidiaries, affiliates, merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All notices should be sent to the following: