TERMS AND CONDITIONS

Effective date: 22nd February 2022

Introduction

Welcome to ErgWorld and ErgWorld Games. The sites https://www.ergworld.com and https://ergworld.games and the ErgWorld Apps (collectively referred to as “Site”) are owned and operated by ErgWorld Limited from the United Kingdom. Throughout the Site, the terms “we”, “us”, “platform”, “ErgWorld” and “our” refer to ErgWorld Limited.

We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, you (“User”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES.

ErgWorld – General Information

  1. About. Ergworld brings together Concept2 ergonometers (with PM5) into one real-time space using Bluetooth and the internet. To find out more information about what we do, please refer to our website.

  2. Sole discretion. We reserve the right to add/discontinue any service anytime at our sole discretion.

Eligibility

ErgWorld is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

Permitted use

You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by ErgWorld;

  2. Gain unauthorised access to ErgWorld’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, ErgWorld’s networks, and computer systems;

  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

  4. Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;

  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and

  6. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by ErgWorld in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

User Content

Our Platform may allow you and other users to create, upload, store, and share content (collectively, "User Content"), such as messages, text, images, audio, videos, software, and other materials. As between you and ErgWorld, you retain all rights in and to your User Content, save for the license you give hereunder.

You grant ErgWorld a royalty-free, perpetual, irrevocable, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. To be clear, this implies that we reserve the right to use your name, avatar, and in-game performance in a variety of materials, such as advertising and promotional content, as well as third-party platforms. You realize that your User Content and any associated information (such as your username or profile photo) may be available to others when you upload or otherwise distribute User Content on or via our Platform. You also acknowledge that as a consequence of your involvement in the Platform or events (such as races), you may be entitled to earn promotional products, labels, in-game content, or other incentives. As a result of your participation in certain of those activities, you may be entered into contests, raffles, or other random or automated promotional item choices. You have the option of declining any such things or awards at your discretion.

You may not produce, upload, store, or share any User Content that is in violation of these Terms or for which you do not have all of the rights necessary to give us the above-mentioned license. You represent and warrant that your User Content, as well as our use of it as authorized by these Terms, will not infringe on anybody's rights or cause harm to anyone. We are under no duty to screen, edit, or monitor User Content, but we reserve the right to do so at any time and for any reason, with or without warning.

Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Pricing

Prices for products or services are subject to change at any time, but changes will not affect any order for products or services you have already placed except that for auto-renewing memberships price changes will take effect when indicated in our email notice to you.

Memberships and Cancellations

If you purchase a Platform membership, you agree that your membership will automatically renew until you cancel it or we discontinue it. Prior to purchase, the membership duration (or an indication that the membership will continue until cancelled) and cost (during and beyond any initial promotional period) are both stated. If you purchase a membership through our Platform, we will bill your payment method on the calendar day that corresponds to the beginning of the paying portion of your membership (or on the last day of the month if the month does not have enough days to include your membership start date (for example, if your membership began on May 31, the billing date in June will be June 30)). You may cancel your ErgWorld membership at any moment, and you'll still have access until the end of your subscription period (or free trial period, if applicable). If you end your membership period early, you will not be entitled to any pro-rated reimbursements. If you made a purchase using our Platform, you can cancel it by entering into your account, clicking the 'subscription' option and following the on-screen instructions. To prevent being charged for the following month's subscription, you must cancel your membership at least 24 hours before the end of each payment cycle.

Refunds

To make a refund request, you must make a request by sending us a written application. Our team will approve/disapprove a refund request at our sole discretion upon reviewing your application.

Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. ErgWorld is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of ErgWorld. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify ErgWorld immediately of any breach of security or unauthorized use of your account. ErgWorld cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at contact@ergworld.com..

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

Monitoring Activity

ErgWorld has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, at our sole discretion, at any time and from time to time, without notice or further obligation to you. ErgWorld has no obligation to display or post any content. ErgWorld, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Digital Millennium Copyright Act

ErgWorld expects all users to respect the intellectual property rights of others. ErgWorld may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at contact@ergworld.com.. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for ErgWorld to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

General Disclaimer

Health and exercise are areas that differ from one individual to another. Before beginning any exercise program, viewers should check with their own doctors about their specific needs. This website is not meant to replace your own physician's medical advice and monitoring. Any use of the recommendations on the following pages is entirely at the discretion and risk of the user.

The programmes, workouts, movements, and progressions provided on this website are for general information purposes only. This website does not provide specific medical advice and is not engaged in providing medical services. Information on this website does not replace consultation with a qualified medical professional who sees you in person, for your health and medical needs. Please see a medical professional immediately if you suspect you may be ill or injured. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you. Exercise is not without its risks, and this or any other exercise program may result in injury. They include but are not limited to: risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of a heart attack. To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with this program. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a medical professional.

NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY WEBSITE OR THE SITES OF ADVERTISERS.

You acknowledge your use of this website and the content thereon is at your own risk, including any and all risks associated with your use of any workouts set out on this website. You acknowledge that there are inherent risks of injury with any physical activity and you hereby release ErgWorld and all of its employees, directors, officers and representatives and other parties involved in the creation, maintenance and distribution of the content on this website (collectively “ErgWorld”) from any and all liability arising as a result of your use of this website or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise. ErgWorld recommends that you consult with a physician before starting any workout or exercise program of any kind, whether as set out on its website or otherwise.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ERGWORLD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

You agree that in no event shall ErgWorld be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or ErgWorld' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

Indemnification

You agree to indemnify and hold ErgWorld and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty, or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom and you hereby submit to the exclusive jurisdiction of the US courts in the State where ErgWorld is based in.

Children

If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

Force Majeure

ErgWorld is not liable for any delays caused by circumstances beyond ErgWorld’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications, or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and ErgWorldconcerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive ErgWorld's right to act concerning subsequent or similar breaches.

Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to ErgWorld shall survive any termination.

Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on contact@ergworld.com.