Fit4change Supporter Agreement Summary

Fit4change Worldwide Ltd (hereinafter “FIT4CHANGE OR POWERED BY FIT4CHANGE  ”) is a company whose purpose is revenue generation for charities and good causes through the management of Supporters’ in App activities and  communication between Sponsors (Advertisers) and Supporters ( smart phone users).

A person becomes member/supporter of the FIT4CHANGE OR POWERED BY FIT4CHANGE service (hereinafter “Supporter”) when they download and install and or register over any of the interfaces provided by FIT4CHANGE for such registration (website, mobile website etc).

When a Supporter uses the service, a FIT4CHANGE account is created for them (hereinafter “Account”) which allows them to interact with the service.

As a supporter of the FIT4CHANGE service, you agree to receive commercial communications (“Messages”) from FIT4CHANGE and other Sponsors, commercial companies (“Brands”). Messages will inform you of products, services, offers and other information which are relevant to you.

As a Supporter you will receive:

  1. Messages on your mobile phone from your charity, admin and Sponsors (advertiser brands) relevant to you, including exclusive offers for you and the charity community of supporters;
  2. Payment information of amounts that have been raised for your charity or good cause..

In return you agree to:

  1. Regularly use the app for Walking, Running , Cycling and the indoor function for stationary activity (Gym/tennis)
  2. Provide accurate personal profile information and preferences to allow targeting of relevant Messages from sponsors.
  3. Regularly share your achievements.

The full terms and conditions are below.

The following General Terms and Conditions govern your use of the FIT4CHANGE web site, mobile phone application and service as a whole (the “Service”), including the creation and maintenance of an Account. These General Term and Conditions apply whether you are a Visitor (meaning you are simply browsing the site) or an Account holder. The FIT4CHANGE service is free, but you must accept these General Term and Conditions to create an Account and to use the Service. By using the Service, you acknowledge that you have read and understood these General Term and Conditions and that you agree to be bound by all of their terms.

FIT4CHANGE will make their best efforts to ensure that everything works correctly, but make no commitment that this will be the case nor will be responsible for any consequence or claim arising from any malfunction of the Service.

 

General Terms and Conditions

The present General Terms and Conditions will be applicable to the relationship between Fit4change and the Supporter from the moment of his agreement onwards.

The General Terms and Conditions may be modified by FIT4CHANGE and will be applicable from the moment they are published. Accordingly, we urge you to review these Terms regularly, and if you do not agree to the terms or any revisions thereto, please desubscribe from the Fit4change Service immediately. The Supporter at FIT4CHANGE accepts this implementation.

FIT4CHANGE is a service that facilitates messages being sent between commercial companies and Supporters, principally via the Supporter’s mobile phone (the “Service”). The Supporter at FIT4CHANGE can be economically rewarded, as determined, for using FIT4CHANGE and for inviting others who, as a result, subscribe to the Service.

 

Registration

You must register as a Supporter of FIT4CHANGE to enjoy its service. During the registration process FIT4CHANGE will request specific personal data, such as mobile phone number, e-mail address, name, Date of Birth, sex and other data regarding your personal preferences. This data must be correct and will be included in your Supporter profile (your “Sponsorship preferences”). The Supporter may at all times decide whether the mobile phone number and e-mail address in his or her profile is conveyed to other FIT4CHANGE Supporters with the objective of identifying them as part of their own network. Likewise, the Supporter may decide what information should be included in his profile and what information therein may be shared with other FIT4CHANGE Supporters.

You must be 18 years old or older to become a supporter of the FIT4CHANGE service. By registering for the service you warrant that you are at least 18 years old.

FIT4CHANGE forewarns that the information disclosed with the Supporter’s consent, may be read by other Supporters and that these may use said information for purposes over which FIT4CHANGE has no control and, consequently, will not be held liable. FIT4CHANGE petitions Supporters to limit the flow of identifiable personal information with the aim of avoiding its inadequate use. FIT4CHANGE may unsubscribe from its service Supporters who do not respect the privacy of other Supporters or who make an unlawful, or contrary to these legal conditions, use of the data conveyed.

FIT4CHANGE will use selected and appropriate data items from each Supporter’s Sponsorship preferences to determine to whom messages should be sent from each commercial company working with FIT4CHANGE. Data items that are shared with commercial companies are solely for the purposes of targeting their messages at an appropriate audience of FIT4CHANGE Supporters. The data that is shared will be anonymous, so that commercial companies cannot identify the individual Supporter. The Supporter may only be identified by an individual commercial company if the Supporter expressly states via an electronic communication that they agree to their personal identifying data to be shared with that company.

Data pertaining to FIT4CHANGE Supporters is protected by passcodes chosen by them. The Supporter is responsible for the custody of his or her passcodes. The Internet cannot offer absolute security; however, FIT4CHANGE adopts technical and organizational measures conducive to reducing the risks. FIT4CHANGE is exempt from responsibility to FIT4CHANGE Supporters for the disclosure of their personal data to third parties when not owing to reasons directly attributable to FIT4CHANGE nor for the use that any third party may give to these data.

In the case that FIT4CHANGE has reasonable concerns about a Supporter’s misuse of the Service or a Supporter requests that FIT4CHANGE change their access data on their behalf(user name or password), FIT4CHANGE may request and require such Supporter to produce evidence of identity, address and/or mobile ownership (such as, but not limited to, passport, phone bill or phone usage statement) in order to verify the identity of the Supporter and their ownership of the mobile phone (previous and/or new in the case of a change) used to access the service.
Tracking and FIT4CHANGE

Each time a FIT4CHANGE Supporter uses the service via their mobile phone or their PC, FIT4CHANGE will receive information on their usage activity of the Service, with the aim of providing the Service and calculating Supporter activity. Said information will not be shared as individualized information with others, although aggregated, anonymous information may be made available to third parties for reporting purposes.
Payment

The charity or good cause powered by FIT4CHANGE has a right to financial rewards for the supporter using the FIT4CHANGE Service.

FIT4CHANGE will establish a metering system to record the activity and sponsorship (advertising revenue) initiated by the Supporter from their mobile phone, via the FIT4CHANGE application, or over the mobile internet, or from other sites that have agreements with FIT4CHANGE.

FIT4CHANGE will transfer the balance available in a Supporter’s account when the following conditions are met:

  • That the confirmed balance in the Supporter’s account has reached a minimum threshold of 5 pounds.
  • That the account balance has been covered by sponsorship(advertising revenue) generated as a result of the proper use of the Service, according to these Terms and Conditions of Use.

 

Use of the Service

The Supporter will be responsible for any activity associated with his or her account and passcode and must notify FIT4CHANGE immediately should his or her account be used without his or her consent or if he or she is aware of any violation to the security of the Service.

The Service must be used according to the demands of good faith. The Supporter will not use the Service in any way that might bring any harm to it or to other Supporters of FIT4CHANGE. The following activities, among others, are prohibited:

  • Attempting to gain access to any FIT4CHANGE account, equipment or network without specific authorization.
  • Manipulating accounts, equipment or networks related to FIT4CHANGE
  • Obtaining or attempting to obtain without consent data derived from FIT4CHANGE.
  • Charging others for their use of FIT4CHANGE, both directly and indirectly.
  • Using FIT4CHANGE in a way that violates the law.
  • Using FIT4CHANGE in a way that violates the rights of intellectual and industrial property of FIT4CHANGE or of third parties.
  • Registering for the service if you are under the age of 18 years old.
  • In any way being contrary, scornful or threatening the fundamental rights and public freedom constitutionally recognized in the international Treaties and in the rest of the legislation.
  • Encouraging, inciting or promoting criminal, degrading, libellous, defamatory and violent activities or, in general, any activity contrary to the law, to the accepted principles of morality or to the public order.
  • Encouraging, inciting or promoting discriminatory activities, attitudes or thoughts regarding sex, race, religion, belief, age or condition.
  • Incorporating, providing or enabling access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, to the accepted principles of morality or to the public order.
  • Impersonating any person or entity or misrepresenting yourself in any way.
  • Promoting commercial activities not endorsed by FIT4CHANGE.
  • Soliciting passwords or other personal information for the purposes of commercial or unlawful use.
  • Using automated tools to interact with and/or collect information from the FIT4CHANGE site.

Misuse of the Service

The Fit4change Service has been designed to allow individual Supporters to interact and engage with messages from Sponsors (advertisers) via a mobile phone, with the aim of sharing the value of this personal interaction between the Parties. Misuse of the Service by supporters is not permitted. Such misuse includes contravention of the restrictions defined in the previous section (Use of the Service) as well as the situation whereby Messages received in an Account are not read or interacted with by the Account holder Supporter or are read by another person or a machine.

In order to prevent misuse of the Service, which will have an adverse impact on all other Supporters of the Service, the following restrictions are applied to Supporters, Accounts and use of the Service:

  • Only one Account is allowed per Supporter

FIT4CHANGE will monitor use of the service and should we detect any cases of misuse or abuse of the system that contravene these restrictions then we reserve the right to immediately suspend or deactivate without warning any supporter or supporters within their network associated with that detected abuse. In the case of suspected misuse of the Service, Fit4change may, at its sole discretion, allow a Supporter to continue using the Service provided that such Supporter provides valid bank account details for the purpose of both payment and Supporter identity verification.

In addition, access to Fit4change messages from a computer may be suspended and blocked without notice.

Fit4change reserves the right to update its Terms and Conditions at any time to restrict any other forms of misuse.
Supporter Responsibilities

As a SUPPORTER, you are responsible for:

  • Keeping Account information up to date and secure (FIT4CHANGE will not be responsible for actions of third parties that gain access to your Account information)
  • Reviewing your Account on a regular basis .
  • Complying with any tax liability that may result from giftaid.
  • Agreeing to the terms of our Privacy Policy.
  • Complying with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of the web site and the service, and not to use the web site for any purpose that is contrary to any such laws, rules, regulations or orders.
  • Mobile, mobile internet and internet network charges. FIT4CHANGE will provide as much information as possible regarding tariffs and network costs, but accept no liability for network costs incurred by Supporters for use of the service.
  • Any data roaming charges associated with using the FIT4CHANGE service. By default, the Fit4change service is configured to not connect when you are not in your home network country (i.e. roaming). Supporters are able to set this to connect when roaming within the application if they so choose. If they do so, they accept full responsibility for roaming data costs.

 

Privacy, Data Protection and Cookie Policies

Click here to view FIT4CHANGE’s Privacy, Data Protection and Cookie Policies
Account Termination

Supporter membership is subject to these terms and conditions. FIT4CHANGE reserves the right to terminate your Account and cancel or suspend a Supporters balance at any time for any failure to comply with these terms and conditions, any fraud or abuse relating to the Service, or any misrepresentation you make to FIT4CHANGE. FIT4CHANGE also reserves the right to close any Account that has been inactive for more than 3 (three) months. An Account is deemed inactive if the Supporter has used the app , had no mobile phone connection activity or message views in their account.

Any termination of a FIT4CHANGE Account by either party will result in a cancellation of any balance amounts in the Account and the loss of economic right to such balance by the Supporter.

FIT4CHANGE disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the FIT4CHANGE SERVICE results. FIT4CHANGE disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. FIT4CHANGE disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the FIT4CHANGE SERVICES.

THE FIT4CHANGE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FIT4CHANGE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FIT4CHANGE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FIT4CHANGE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FIT4CHANGE SERVICES. FIT4CHANGE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FIT4CHANGE SERVICES. FIT4CHANGE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FIT4CHANGE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FIT4CHANGE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FIT4CHANGE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FIT4CHANGE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FIT4CHANGE OR ITS LICENSORS BE LIABLE TO ANY SUPPORTER ON ACCOUNT OF THAT SUPPORTER’S USE OR MISUSE OF OR RELIANCE ON THE FIT4CHANGE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FIT4CHANGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FIT4CHANGE SERVICES, FROM INABILITY TO USE THE FIT4CHANGE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FIT4CHANGE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FIT4CHANGE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FIT4CHANGE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FIT4CHANGE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FIT4CHANGE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FIT4CHANGE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FIT4CHANGE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall FIT4CHANGE or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Communications sent by third parties to supporters via the FIT4CHANGE service do not reflect FIT4CHANGE’s views or opinions and FIT4CHANGE will not take responsibility for them.

 

Miscellaneous

FIT4CHANGE is a service of Fit4change Worldwide Ltd with registered office at
Suite LP28467, 20-22 Wenlock Road, London, N1 7GU, United Kingdom and is holder of the Internet portal located in the address http://www.FIT4CHANGE.com.

FIT4CHANGE may use specific tools such as buttons, banners, or links that enable the Supporter to access other sites. These tools are installed with the ultimate goal of providing and facilitating browsing to the Supporter at FIT4CHANGE. FIT4CHANGE is not responsible for the content offered in the websites accessed by the Supporter through these tools.

FIT4CHANGE does not ensure the permanent availability and continuity of the Service due to interruptions or errors, and will not respond to any damages caused to Supporters by computer viruses or external agents that third parties might deposit in the Portal or in the electronic documents and folders stored in the computer system.

FIT4CHANGE reserve right to change the conditions for payment and transfer for using the Service from time to time at our sole discretion, communicating such changes on its website at www.FIT4CHANGE.com.

 

Data Protection

FIT4CHANGE Supporters give their specific consent for the use, processing and transfer of data to all the companies participating in the provision of the Service.

FIT4CHANGE is registered under the Data Protection Act 1998 in the UK with registration number:
A 8077156

FIT4CHANGE will collect purely and exclusively personal data of Supporters of an adequate and pertinent nature and not excessive with respect to the aim of their acquisition. To make use of the rights of access, rectification, cancellation and opposition, the Supporter can contact the FIT4CHANGE Registration Department in its head office indicated above, or via e-mail to support@FIT4CHANGE.com.

These General Terms and Conditions will be governed by and construed in accordance with the data protection laws.

These General Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the General Terms and Conditions will be effective only if in writing and signed by FIT4CHANGE.

Last Updated: 08/10/2015