Terms and Conditions

About the Terms

Access to and use of any Ki Performance website both within the UK and internationally is provided on the following terms:
By using this site you agree to be bound by these terms, which shall take effect immediately on your first use of the website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the site.

As Ki Performance may change these terms from time to time,  you should check these terms regularly. Your continued use of the site will be regarded as acceptance of the updated or amended terms. If you do not agree to the changes, you should stop using this website. If you do not agree to abide by any modified version of these terms of use, then you are not authorised to use the site. If there is any conflict between these terms and specific local terms appearing elsewhere on the site (including house rules) then the latter will prevail.

Use of the Website

You should agree to use the website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the site. Do not post any content that violates any applicable local, state, national or international law.

Our Products

Orders

We price our Subscriptions depending on their commitment period - for example 3 Months, 6 Months and 12 Months. After the end of your commitment period your subscription will expire and you may a new Subscription, starting a new commitment period at a revised Monthly Subscription rate. Please note once you start your Subscription you will be committed to the term of that subscription be it for 3, 6 or 12 months.

All orders placed through the website are subject to Ki Performance’s acceptance, which is in its sole discretion. Without limitation, this means that Ki Performance may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Ki Performance will issue a credit to your credit card account.

Ki Performance will ship your order within two business days after the order has been placed, assuming all ordered items are in stock. If you have ordered multiple items and some of these are on back order, we will hold the shipment until all items become available. This shipment will be delivered using the method originally selected with the order.

Continuous Authority

When you purchase a monthly payment plan, this will be charged in advance for each month for our service over the period you subscribed to. The payment of this subscription will be through continuous authority, i.e. Ki Performance will debit your credit card each month on a specific date. We will notify you of this date within 14 days of your original payment.

Failure to make a payment will result in liability arising for the total sum due for the outstanding term of your subscription.

Returns Policy

If an item is returned within 7 working days of receipt of goods in its sealed secured box unopened, then Ki Performance will issue you with a full refund based on your method of payment. To return your product, please contact Customer Service in writing, by letter, fax, or email of your decision to cancel. We will arrange for a “customer return form” to be sent to you and packaging for you to return your item in. You will be responsible for, and pre pay all return shipping charges and shall assume all risk and loss of damage to the product whilst in transit to Ki Performance. We recommend that you use a traceable method of shipping for your protection.

If you activate your account Ki Performance will make a deduction of the first month’s Subscription and the remainder of the Subscription will be refunded to you.

This does not affect your statutory rights.

Your Warranty

Ki Performance guarantees that Ki Performance hardware (including your Ki Fit Armband, Display with Clip and Display Strap) is free of defects in materials and workmanship under normal use and service for 12 months from date the product is shipped to the customer (the "Limited Warranty Period"). If a defect covered by this Limited Warranty occurs during the Limited Warranty Period, Ki Performance will, at its option, repair or replace the entire unit or refund the original purchase price. These represent the sole and exclusive remedy, and Ki Performance sole and exclusive liability for breach of the Limited Warranty.

This Limited Warranty is subject to compliance with the product's user guide and does not apply to defects that have been caused by improper or incorrectly performed maintenance, negligence, accident, misuse or unreasonable use, modification, tampering, normal wear and tear, or any other causes not related to defective materials or workmanship. It also excludes batteries.

The Limited Warranty also operates in lieu of all other warranties, and no other representations or claims of any nature shall be binding or obligate Ki Performance. Any implied warrantees applicable to the Ki Performance hardware, including but not limited to any implied warrantees of merchantability, fitness for a particular purpose, or warranty of title or non-infringement, are limited to the Limited Warranty period.

Subject to applicable law, in no event shall Ki Performance’s liability exceed the purchase price of the Ki Performance hardware.

Intellectual Property

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the website, and all content (including all applications) located on the site shall remain vested with Ki Performance or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Ki Performance content in any way. You must also agree not to adapt, alter or create a derivative work from any Ki Performance content. Any use of Ki Performance content requires Ki Performance’s prior written permission.

The names, images and logos identifying Ki Performance or third parties and their products and services are subject Ki Performance’s copyright, design rights and trade marks and/or those of third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Ki Performance or any other third party.

Contributions to Ki Performance Websites

Your User Generated Content is not confidential or proprietary. By sharing any contribution (including any text, photographs, graphics, video or audio) with Ki Performance you agree to grant to Ki Performance free of charge, non-revocable, permission to use the material in any manner (including modifying and adapting it), in any media worldwide (including Ki Performance sites accessed by international users), without limitation, including the right to sublicense, assign and commercialise.

Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.

You are responsible for ensuring that any User Generated Content that you post does not, and will not violate the rights of any third party rights of any kind. You confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Ki Performance permission to use it for the purposes specified here, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 18.

We may show your name with your contribution.

Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Ki Performance.

If you do not want to grant Ki Performance the permission set out in these terms, please do not submit or share your contribution to or with Ki Performance.

Ki Performance Communities

To participate in and contribute to any Ki Performance communities, you may be required to register with Ki Performance.

You agree to use Ki Performance communities (including message boards) in accordance with the following rules. These apply across all Ki Performance community sites and services. You should, however, read the local house rules of the particular site or service you're using, as there may be some local variations.

About your posts

• Be constructive: post only constructive comments and questions.
• Be courteous: all insults are prohibited. Do not post content that is offensive, libellous, indecent, unlawful, harassing, defamatory, abusive, intimidating, threatening, harmful, obscene, vulgar, profane, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context. Be patient: users of all ages and abilities may be taking part in the Ki Performance community.
• Be private: do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other users.
• Be personal: the forums are not to be used for any commercial purpose. Please do not post any advertising or commercial content, or any that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Please don't re-submit your contribution to more than one discussion.
• Be yourself: do not impersonate anyone else.
• Be honest: do not post any content that includes information that is false, misleading, inaccurate, fraudulent or deceptive, or that promotes illegal activities.
• Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
• URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
• Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
• Customer Service does not receive copies of website posts. Always contact Customer Service if you have a complaint.

Your Account

If you use multiple logins for the purpose of disrupting a community or annoying other users, you may have action taken against your accounts.
All your accounts must be registered with a valid personal email address that you access regularly so that Ki Performance can contact you. Accounts registered with someone else's email address or temporary addresses may be closed without notice. We may require users to re-validate their account.

Ki Performance reserves the right to close accounts of any user seen to be using proxy IPs (Internet Protocol addresses)  to attempt to hide the use of accounts, or to disrupt any of our services in any way.

At times we must decline user-IDs that may otherwise seem unobjectionable. A user-ID may be declined for a number of reasons; for example it might violate another party's trademark or other intellectual property rights through words, phrases or celebrity names. It may contain profanity or inappropriate slang which might be considered insulting, discriminatory or construed to incite violence, or may simply contain material that we do not wish to place on our site. Ki Performance reserves the right to cancel any user-ID after it has been submitted.

Safety

We advise that you never reveal any personal information about yourself or anyone else (for example, your telephone number, postal, home  or email address, or any other details that would allow you to be personally identified) in any Ki Performance community.

Legal requirements

• You may not submit or share any defamatory or illegal material of any nature in Ki Performance communities. This includes text, graphics, video, programmes or audio.
• Contributing material to a Ki Performance community with the intention of committing or promoting an illegal act is strictly prohibited.
• You must agree only to submit to or share with Ki Performance communities contributions which are your own original work. You must not violate, plagiarise or infringe the rights of Ki Performance or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

If you are under 18
You must be at least 13 years of age to register with a Ki Performance website.
If you are under 18 years old:

• You must get a parent's or guardian's permission before taking part in any Ki Performance community.
• You should never reveal any personal information about yourself or anyone else (for example, your school, telephone number, full name, home  or email address).

User-Generated Content

The majority of content posted in Ki Performance communities is created by members of the public. The views expressed are theirs and, unless specifically stated, are not those of Ki Performance.

Ki Performance does not (and you must agree that Ki Performance has no obligation to) review the communications, materials, information, opinions and other content posted and/or submitted by users accessing the website (including on bulletin boards, in chat rooms, on community pages or on other forums on this website). Ki Performance is not in any manner responsible for this content (collectively known as ‘User Generated Content'), and does not guarantee its accuracy, integrity or quality.  Nor can Ki Performance assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the website.

You must also acknowledge that by providing you with the ability to access and view User Generated Content on the website, Ki Performance is merely acting as a passive conduit for this distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. You should also acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Ki Performance or its affiliated or related entities or content providers. In addition, you must acknowledge and agree that Ki Performance has the absolute right to monitor User Generated Content posted to the website in its sole discretion. Ki Performance reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You should agree that Ki Performance does not have any obligation to use or respond to any User Generated Content.

Reporting Abuse

You should immediately notify Ki Performance of any objectionable content appearing on the website. Ki Performance will make every effort to investigate allegations that any User Generated Content violates these Terms, but:

• Makes no guarantee to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations.  
• Will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

Third Party Links and Content

Third party links and/or certain third party content (including the “in the news” page) are included solely for the convenience of our users. Ki Performance is not responsible for such content or the privacy practices of such websites. These sites and third party content contain information created, published, maintained, or otherwise posted by third parties independent of Ki Performance.  Ki Performance does not endorse, approve, certify or control these parties and does not guarantee the accuracy, completeness, efficacy or timeliness of the information in such content or located at such websites. Any opinions, advice, services or other information made available by third parties either via third party links or contributed content are those of the respective authors or providers of such content, and not of Ki Performance. Archived materials located or linked on this site may be superseded by subsequent events and the passage of time.

Medical Content

The use of any content on this website, including User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that Ki Performance is not responsible for any user generated or third party content that purports to give medical advice or advice regarding fitness training, exercise or diet. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition and prior to starting a diet or physical fitness programme.

Violation of These Terms and Community Rules

If you fail to abide by these terms or community rules (and/or any variations in relevant local house rules) when using the website or taking part in a Ki Performance community, we may take action against your account or accounts.

This may include checking any content posted by you before allowing it to go on the site, or a temporary or permanent suspension of your ability to participate in any or all Ki Performance community areas.

If you submit or share offensive or inappropriate content to or with any Ki Performance communities or anywhere else on a Ki Performance website, or otherwise engage in any disruptive behaviour that Ki Performance considers such behaviour to be serious and/or repeated, Ki Performance may use whatever information available to it about you to stop any further such infringements. This may include informing relevant third parties such as law enforcement, your employer, school, internet or email provider about the infringement(s).

Ki Performance retains the rights but not the responsibility to edit or remove any User Generated Content, or terminate any account at any time for any reason at its sole discretion.

The failure or delay of Ki Performance to insist upon, exercise or enforce any right in these terms does not waive its right to enforce that right.

Disclaimers and Limitation of Liability

Ki Performance does not accept liability for any errors and omissions, and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or, if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we will refund the full amount in accordance with these terms.

Ki Performance content, including the information, names, images, pictures, logos and icons regarding or relating to Ki Performance, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Ki Performance excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Ki Performance does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Ki Performance is correct at the time of publication no responsibility is accepted by or on behalf of Ki Performance for any errors, omissions or inaccurate content on the website.

Ki Performance shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):

•  loss of data;
•  loss of revenue or anticipated profits;
•  loss of business;
•  loss of opportunity;
•  loss of goodwill or injury to reputation;
•  losses suffered by third parties
•  any indirect, consequential, special or exemplary damages arising from the use of Ki Performance sites and services regardless of the form of action.

Ki Performance does not guarantee that functions available on Ki Performance sites will be uninterrupted or error-free, that defects will be corrected, or that Ki Performance or the server that makes it available are free of viruses or bugs. You should acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

If, not withstanding the other provisions of these terms, Ki Performance is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website or any content, Ki Performance’s liability will in no event exceed £50.00

Indemnity

You must agree to indemnify, defend, and hold harmless Ki Performance, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable legal fees, arising from or relating in any way to your use of this website.

Privacy

The terms of use regarding the handling of personally identifiable information and other information provided by you in connection with our websites is described in our privacy policy.

General

You agree that any notice, agreement, disclosure or other communication that Ki Performance sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it will  be severed and deleted from these terms and the remaining terms will survive and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with UK law, which will have exclusive jurisdiction over any disputes.

Last updated: April 1, 2009