Terms of Service
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.
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.
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.
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. 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.
This does not affect your statutory rights.
Ki Performance guarantees that its hardware (including your Ki Monitor) is free of defects in materials and workmanship under normal use and service for 12 months from the 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.
MODIFICATIONS TO THE SERVICE AND PRICES:
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 the Service.
All copyright, trademarks, 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 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 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 trademarks 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.
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.
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
If you fail to abide by these terms when using the website or taking part in a Ki Performance community, we may take action against your account or accounts.
If you submit or share offensive or inappropriate content 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
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.
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: 13th August, 2019