This Agreement is our Terms and Conditions regarding your use of our ‘Services’ which include our software application (“App”), website (www.mywaffl.com), associated services, functions, content and applications. You should read this carefully in conjunction with our Privacy Policy before you make use of the services or website from us, My WAFFL Ltd.

The term ‘myWAFFL’ or ‘WAFFL’ or ‘our’ or ‘us’ or ‘we’ refers to the owner of our Services whose registered office is My WAFFL Ltd, 86-90 Paul Street, London, EC2A 4NE, United Kingdom. Our company registration number is 09709390 registered in England and Wales. The term ‘you’ or ‘your’ refers to the user or viewer of our website.

General Disclaimer

The fitness, nutrition, and related information or directions we provide via our Services is for general information purposes only. It should not be seen as a substitute for a healthcare professional such as a qualified nutritionist, personal trainer, physician, doctor or other healthcare professional.

You should always seek the advice of your physician or appropriate healthcare professional before undertaking a course of exercise, therapy or nutrition and with any questions or concerns you may have regarding any health condition and whether use of our Services are safe for you.

You are solely responsible for your state of health.

WAFFL reserves the right to refuse or cancel your registration if we determine that you have certain medical conditions which deem you unfit to make use of our Services.

If you believe that you are suffering from a medical emergency howsoever caused you should immediately seek urgent professional medical advice or contact the emergency services near you.

Use of some of our Services requires connection to the internet via your device. Transmission of data in this way may attract data charges from your internet or mobile provider. You are responsible for paying for these data charges and any related subscriptions to your service provider.

You must supply your own means of using and accessing our Services. The App is only available to download and run on devices with operating systems indicated at the time of download.

Registration

In order to be able to use our App, a one-time registration is required. Certain content, including general descriptions of WAFFL app are for viewing without payment. You are not permitted to register with us more than once. Your use of this App, whether you are in a payment plan or not, is subject to this Agreement. If you do not wish to be subject to this Agreement you should uninstall this App immediately.

WAFFL reserves the right to cancel your registration if you breach this agreement or otherwise in accordance with the terms of this Agreement. WAFFL has no obligation to continued functioning of the App unless you have an ongoing paid-for subscription, and then only within the terms of this Agreement.

Purpose of the App and Exclusion of Warranties

The App is intended only to offer users information on the usefulness of nutrition, exercise and fitness to a user’s general wellbeing. WAFFL cannot guarantee any targets for individuals relating to exercise, health, weight loss, fitness results or improvements thereto. You are solely responsible for your state of health.

By being permitted to review and assess the functioning of the App for free you warrant that you have assessed fitness for purposes of the App to your particular circumstances and accordingly you acknowledge that

1. the App is provided “as is”

2. WAFFL hereby disclaims, to the fullest extent permitted by law, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose.

3. WAFFL makes no warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.

4. you understand that if you download from, or otherwise obtain content or services through the App, that you do so at your own discretion and risk.

5. the use of any Services offered by WAFFL is no substitute for the consultation by the user of an appropriate medical practitioner tailored to your specific needs.

Payment

You may download the App and use the basic version free of subscription charge.

Some feature(s) of the App require a monthly subscription via iTunes.

Some feature(s) of the App require a one-off purchase via iTunes.

For subscription, payment is taken monthly in advance. For one-off purchases, payment is taken within the first 24 hours after purchase. Payment will be made using iTunes’ online payment system as indicated. Payment is due in full immediately and must be made in full. If you choose to uninstall the App you will not be refunded for any further time during that payment period. In the event you or we terminate in accordance with the terms of this agreement you have no right to a refund for the remaining unused period.

If you choose to stop paying your subscription then you may continue to use the App without charge subject to the terms of this Agreement. With respect to use of the App without charge WAFFL retains the right to discontinue, exclude or limit all or any part of the Services at any time without liability to you.

Prices payable are as advertised from time to time. WAFFL reserves the right to increase subscription rates at the time of any renewal. Please check on renewal of any changes in pricing which you will be accepting if you choose to renew at that time. WAFFL reserves the right to increase the price of the one-off purchases at any time.

WAFFL reserves the right to improve, add to or modify the features of the App within the general description of content and function provided at the outset to you during the term of your payment plan.

Right of Cancellation

You may cancel automatic renewal of paid In-App Subscriptions by managing subscriptions in your iTunes Account and selecting the WAFFL subscription you want to modify.

 

Return Policy

As all of our products are digital they are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact hello@mywaffl.com to see how we can remedy any problems you may have with this.
Social Media and Website

WAFFL operates a website (www.mywaffl.com) as well as the App aiming to offer services and information in the field of exercise, well-being, nutrition and health to its users. Part of the App’s functionality allows the user, subject to the user’s consent, to transmit certain data from your device to WAFFL’s website and/or to be shared with other social networks (e.g., Facebook, Twitter, Instagram), respectively.

Limitation of Liability

In no event will WAFFL be liable under contract, negligence, strict liability or other legal or equitable theory for: i) any special, incidental or consequential damages; ii) the cost of procurement or substitute products or services; iii) for interruption of use or loss or corruption of data; or iv) for any amounts that exceed the fees paid by you to WAFFL under this agreement within the past 12 months. WAFFL shall have no liability for any failure or delay due to matters beyond their reasonable control.

No attempt is made in this Agreement to limit or exclude our liability for death or personal injury resulting from our negligence, employees or agents nor fraudulent misrepresentations nor other liability which the law provides cannot be limited or excluded.

Copyright and Right of Use

The copyright and other intellectual property rights in the Services, and its content are owned by WAFFL and you are permitted to use these in accordance with these terms only. WAFFL contains material which is owned by or licensed to us and protected by intellectual property or other laws throughout the world. This material includes, but is not limited to, the sound recordings, design, layout, look, appearance and graphics. All trademarks reproduced in WAFFL, which are not the property of, or licensed to the operator, are acknowledged in our Services. Content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of WAFFL.

We reserve the right to exclude you or otherwise to bring an action against you in a court of competent jurisdiction if, in our sole opinion, you are in breach of the terms of use of WAFFL. Unauthorised use of WAFFL may give rise to a claim for damages and/or be a criminal offence.

You must not attack or attempt to probe, scan or test the vulnerability of our system or network, alter the functionality of WAFFL whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks or other; nor are you permitted to attempt to access data or parts of WAFFL not intended for you or log into a server or an account that you are not authorised to access.

Beta Versions

From time to time we may invite users to trial a beta version of our Services. You are permitted to use our beta version in accordance with these standard terms and conditions and additionally subject to the following:

• You are using our Services in strict confidence during beta testing and are not permitted to disclose publicly any aspects of our Services whether they correctly functioning or not. You should notify to us any shortcomings of our Services immediately.

• You acknowledge that our beta version may have limited functionality to that advertised publicly.

• WAFFL may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  Once the beta trial has completed your ability to use the beta version will cease.

Indemnification

You agree to indemnify and hold harmless WAFFL, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including solicitor’s fees, arising out of your use of the website, including but not limited to your misuse of the App and/or violation of the terms of this Agreement.

General

We reserve the right to vary any of the terms of this Agreement. It is your responsibility to check this agreement on renewal for any changes. We shall be entitled to assign or sub-contract obligations under this Agreement. No delay by us to enforce our rights will affect our right to bring action against you for breach of this Agreement. This Agreement shall be subject to English law. Any dispute relating to it shall be dealt with exclusively in the English courts.

Notice regarding Apple

You acknowledge that this agreement is between you and WAFFL only, not with Apple and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any breach of warranty then you may notify Apple and Apple will refund any purchase price of services provided through the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for responding to any claims by you relating to the App or your possession and/or use of the App, including, but not limited to: i) product liability claims; ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection, privacy or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You represent and warrant that i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with any terms of use of third party equipment or services required in using this App. You acknowledge and agree that Apple is a third party beneficially to this agreement and Apple will have the right to enforce the terms of this agreement against you as a third party beneficiary.