Terms and Conditions
1. General Information
1.1 PunchLab Products
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.punchlab.net (the “Website”), through our applications (the “Apps”), our physical products such as elastic phone holders (the “Belts”) or via other delivery methods to you (the Website and such content, products, services, and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of PunchLab SRL). Please read these terms and conditions, carefully before ordering any Products from the Website or third-party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “PunchLab,” “us” or “we” refers to PunchLab, SRL. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones, and similar devices. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is email@example.com. All correspondence to PunchLab SRL including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
1.2 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of PunchLab SRL.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN SPAIN, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT SPAIN MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN SPAIN. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
1.3 CHANGES TO TERMS
PunchLab SRL reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.punchlab.net Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
2. Memberships and subscriptions
2.1 Signing up for membership
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
(c) We might, from time to time, include a Belt and its shipping to encourage signing up for membership. While we try to employ our best commercial effort to delivery a Belt to our members worldwide, we cannot guarantee shipping services to be timely and available for all countries. By default we do not offer shipment tracking: the Belt comes with ordinary post and can take a long time to be delivered, can be damaged during transportation, be lost, stolen. We are not responsible and offer no refunds for the Belt offered to first-time members.
(d) By placing an Order through the Products, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.
2.2 Membership status
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 Use of PunchLab by minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
As a PunchLab Member, you will receive access to certain sections, features, and functions of the Products that are not available to non-members.
By agreeing to become a Member you opt-in to receiving an occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from PunchLab commercial emails by following the opt-out instruction in these emails. PunchLab memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
(a) PunchLab account holders may access the Products in two ways:
(i) “Open” Free Trial: a free-of-charge program, which gives unlimited access to the App for up to 5 sessions of 24hours each.
(ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the “Open” Free Trial. You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the Website or within the Apps, where allowed by the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
(b) PunchLab offers quarterly subscription options.
(c) Our “quarterly” subscription is paid in quarterly installments. The same applies to different recurring subscription options (for example, monthly, every six months, yearly …). For each month that your quarterly subscription is active, you acknowledge and agree that PunchLab SRL is authorized to charge the same credit card as was used for the initial subscription fee or other payment methods in the amount of the current quarterly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each quarter in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-quarter subscription period.
(a) PunchLab SRL offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in the Paid Subscription; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). To be considered a Qualified User, your information will be provided directly by PunchLab SRL third-party verification system. PunchLab reserves the right to determine if you are a Qualifying User in our sole discretion.
(b) PunchLab Special Discount Pricing Options include the following:
(i) The Hayabusa Offer, the terms of which can be found in the Hayabusa Website.
(e) You agree to promptly notify PunchLab SRL of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(f) In the course of your use of the Products, PunchLab and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to PunchLab SRL and third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(g) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through PunchLab for commercial purposes.
(h) PunchLab might offer monthly, quarterly, bi-quarterly, annual, two years, five years, and forever subscription options. For the purposes of our subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our forever subscription, forever constitutes 100 years. All the options are active until the date PunchLab ceases to commercially offer the Products. In the unfortunate event where ceasing operation happens before a subscription expiration date, the member is not entitled to receive a refund.
2.6 Device Requirements
To use PunchLab via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Google, Apple marketplace, and they include, above all, fully-working sensors.
Despite we make any commercially reasonable effort to ensure wide compatibility, it’s the user’s sole responsibility to verify the compatibility requirement of its Device, it’s heavy bag, the belt, and their interactions (Belt-Device, Belt-Heavybag).
PunchLab has developed PunchLab app including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
PunchLab has developed PunchLab exclusive training belt including modifications, enhancements, and related material (“Belt”).
PunchLab desires that the Software and Belt be tested prior to general release.
Licensee wishes to serve as a Beta test site for such Software.
The credit card or other payment methods you provided will automatically be charged the advertised price each quarter until you cancel. If PunchLab SRL increases the monthly fee in the future, we will provide you notice. Price changes will take effect at the start of the next subscription period following the date of the price change. You can cancel the Offer at any time prior to the commencement of the new billing cycle. By continuing to use the PunchLab Service after the price change takes effect, you accept the new price.
2.8 Changing Fees
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
2.9 Promotions and Coupon Codes
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products paying via the marketplace, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
3. Availability of Products
Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault-free. If a fault occurs in the Products, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by email@example.com.
4. Products Disclaimer
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
PunchLab is a provider of online and mobile combat sports content in the health & wellness space. We are not a healthcare or medical device provider, nor should our Products be considered medical or sports advice. Only your physician, other health care provider, or professional trainer can do that.
Any health information and links on the Products, whether provided by PunchLab SRL or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice, professional sports advice, based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your health care providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Products.
By using PunchLab you acknowledge that you are the sole responsibility for any damage to your phone and injuries that can directly or indirectly derive from training with it, including but not limited to injuries caused by using the “Belt”, or similar elastic belts not produced by PunchLab SRL.
5. End User License
Subject to the terms of this license agreement (“License Agreement”), as set out in this Section 11, and these other Terms, and your payment of applicable subscription fees, PunchLab SRL grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of PunchLab SRL or its licensors. All right, title and ownership in the Products remain with PunchLab SRL or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
Your subscription is transferable to a maximum of three devices. We will make an effort to prevent more devices from using the same subscription. If, for any reason, you need to expand your plan to more devices, please contact us at firstname.lastname@example.org.
You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by PunchLab SRL or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by PunchLab SRL or its licensors and your use of them must be in accordance with these Terms.
6. General Terms and Conditions
6.1 Assignment by us
PunchLab SRL may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
6.2 Indemnity by you
You agree to defend, indemnify and hold PunchLab SRL and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. PunchLab SRL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PunchLab SRL defense of such claim.
6.3 Warranties and limitations
(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.
(c) Nothing in these sections or otherwise in these Terms shall exclude or in any way limit PunchLab SRL’s liability for fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
(d) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
7. Data collection
By using our product you consent to provide you with marketing communications where you have opted-in to receive such communications (including information about PunchLab, its products, and services, competitions, promotions). These can be shared via electronic means (e.g. SMS, emails and online advertising).
This License Agreement shall be governed, construed and enforced in accordance with the laws of Spain. Any notice required by this Agreement shall be given by prepaid, first-class, certified mail, return receipt requested to the above address or such other address as may be given from time to time under the terms of this notice provision.
These Terms are effective and were last updated on November 1st, 2019.
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