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Terms & Conditions Virgin Pulse

Membership Agreement

Last Updated: August 1, 2020

 

The Virgin Pulse Programme (the “Programme”) is a voluntary employee health Programme that encourages healthy lifestyle changes. The Programme is paid for by your employer, your spouse’s employer or other sponsoring organisation (the “Programme Sponsor”) and operated by Virgin Pulse, Inc., a corporation organised under the laws of the State of Delaware, headquartered at 75 Fountain Street, Providence, Rhode Island, 02902, United States (“Virgin Pulse”, “Us”, “We” or “Our”).

This Membership Agreement (the “Agreement”) explains how you can access and use the Programme. Please carefully read through this Agreement. To join the Programme and enjoy the Virgin Pulse services and Programme benefits, you must create an account. By creating an account and checking the “I Agree” box below, you agree to all the provisions contained in this Agreement.

Any rights not expressly granted to you by this Agreement are reserved by Virgin Pulse. If any provision of this Agreement is found to be unenforceable, all other provisions will remain unaffected. All provisions of this Agreement that relate to ownership of intellectual property, disclaimers, liability and restrictions on access and use of the Virgin Pulse platform will remain unaffected by the expiry or termination of this Agreement.

What must I do to use the Programme?

In exchange for Us providing you access to the Programme, you agree to comply with the terms of this Membership Agreement and applicable law. Your rights and obligations as a Member are governed by this Agreement. By creating an account and becoming a Member, you confirm that you are at least 18 years old and you promise to abide by the terms of this Agreement. If you are 16 or 17 years old, you may participate under the supervision of a parent, legal guardian, or other responsible adult. Please contact Us to get a copy of Our Parental Consent form.

Will I have to pay to access the Programme?

No, Programme fees are paid by your Programme Sponsor. We do not require any credit card information to join or participate in the Programme. If anyone contacts you claiming to be Virgin Pulse and asking for your credit card number or other payment information, please contact Us at your earliest convenience.

How long is this Agreement valid for?

This Agreement becomes enforceable once you accept its terms and remains in effect until it is terminated when your account is cancelled. 

How can my account be cancelled?

You can cancel your account, and terminate this Agreement, for any reason at any time, by submitting an account cancellation request through Our Member Services team or by selecting the “Delete My Data” option of the Data Request function in your profile.

Your Programme Sponsor may terminate your Membership or the Programme for any reason at any time, which will result in cancellation of your account.

We reserve the right to review and assess your conduct and compliance with the terms of this Agreement and, in the event of a material breach, We may terminate your Membership or report your conduct to your Programme Sponsor and make adjustments, suspend or terminate your account, in accordance with your Programme Sponsor’s instructions.

What happens when an account is cancelled?

If your account is cancelled, We will notify you that your Membership and this Agreement will terminate [$pending_cancellation_duration$] days after the cancellation process has started. After the cancellation process is completed, you will (i) no longer be able to participate in the Programme; (ii) no longer be entitled to receive any benefits or to earn any Points; (iii) not be able to redeem any unused Points, and (iv) no longer have access to the Health Stations or Website, mobile application or any Programme Partners and corollary services.

What steps should I take to protect my account?

You agree that you will not allow any third parties to access your account. You agree to make sure you keep your username and password confidential and you will not share your username and password with third parties, as they can be used to access your account.

If you use a shared computer or a computer in a public place to access the web-based platform, it is advisable that you close your browser when you complete a session, to help ensure others do not access your Personal Information.

If you know or believe your account or login information may have been compromised, please contact Us immediately. 

Does Virgin Pulse have rules about information accuracy?

You agree that all the Personal Information you provide Us with will be true, accurate and complete, and you will continue to update this information on your Member profile as it changes. You agree that you will utilise the Programme for its intended purpose and not modify or falsify your Personal Information, activity and fitness information or biometric and health information. You are fully and solely responsible for all activity on your account, including any inaccuracies in the information you share. We reserve the right to periodically review your activity information to safeguard against Programme abnormalities and Programme abuse. If your activity information indicates there may be an abnormality or Programme abuse, and such abnormal/abusive activity continues after initial communications from Us, We reserve the right to share your activity information with your Programme Sponsor and make adjustments, suspend or terminate your account, in accordance with your Programme Sponsor’s instructions.

What are my rights to access and use the web-based platform and mobile application?

The web-based platform and mobile application (including any and all content, material, page headers, custom graphics, button icons and scripts, and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Virgin Pulse or its respective owners, as the case may be, and is protected by U.S., Canadian and international copyright, trademark and other laws. Your use of the web-based platform or mobile application does not transfer to you any ownership or other rights in the web-based platform and the mobile application or their content. You may use the web-based platform and the mobile application only in the manner described expressly in this Agreement and subject to all applicable laws. Using the web-based platform and mobile application for any other purpose or in any other manner is strictly prohibited.

We are subject to U.S. laws and regulations, including but not limited to U.S. export controls and economic trade sanctions laws. Your use of the web-based platform or mobile application is strictly conditioned on your (i) not being located in any jurisdiction subject to embargo by the U.S. government, and (ii) not being listed on any list of persons blocked or sanctioned by the U.S. government.  By using the web-based platform or mobile application, you represent to Us that you are not prohibited under U.S. law from receiving such services. Should We discover that you are prohibited from using the web-based platform or mobile application pursuant to U.S. export controls, economic trade sanctions laws or other laws applicable to Us, We reserve the right to immediately terminate your access to such services without notice or liability. We are under no obligation to apply for or obtain any licence from the U.S. government to provide you with use of the web-based platform or mobile application.

Virgin Pulse hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive licence to access, read and print the content of the web-based platform and the mobile application for your personal, non-commercial and not-for-profit use only. You may not modify any of the pages, nor remove or alter any visible or non-visible identification, marks, notices or disclaimers. The web-based platform and the mobile application, as well as their content, may not be copied, imitated, reverse engineered, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without Our express prior written consent. You may not use any of the software that is used in the operation or provision of the web-based platform and mobile application except while you are using them in accordance with this Agreement.

Are the trademarks on the web-based platform and mobile application protected?

Yes, VIRGIN PULSE and VIRGIN & Design and other marks and logos appearing on the web-based platform, mobile application and other websites are registered and unregistered trademarks, or trade names owned by Virgin Enterprises Limited and used under licence (collectively “Marks”). Other product and company names and logos may be registered or unregistered trade names or trademarks of their respective owners. Any use of the trade names, trademarks and logos displayed on the web-based platform and mobile application, or any word, term, name or symbol that is likely to cause confusion with respect to your connection or association with Us, or suggesting Our approval or sponsorship, is strictly prohibited. Nothing appearing on the web-based platform or mobile application, or elsewhere, shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the web-based platform or mobile application.

What are the benefits of becoming a Member?

The types of benefits associated with a Programme depend on the design chosen by your Programme Sponsor. You may be eligible to earn Points. In a Points-eligible Programme, Points can be awarded no more than 14 days after a qualifying activity or task is performed or uploaded on the platform. Points are reset to 0 at 12:00 am Eastern Standard Time on the day after the end of the Programme period. Depending on your Programme design, your Points may allow you to earn “PulseCash”, which can be redeemed for gift certificates and other rewards. Gift card orders and cheque redemption orders, where applicable, are final. The Rewards section of the platform will contain the most recent information about how to earn and redeem Points and PulseCash. PulseCash is non-transferable and cannot be redeemed once your Membership and this Agreement terminate.

Rewards may be supplied by Virgin Pulse reward partners, who agree to sell gift certificates, products and services to Programme members in exchange for PulseCash. Where applicable, Rewards may be shipped directly to you by Virgin Pulse or its reward partner. You will be responsible for any applicable sales tax and shipping and handling fees. Depending on the Reward, special terms and conditions may apply. If the Reward is redeemed from a Virgin Pulse reward partner, the reward partner return policy will apply.

Your Programme Sponsor may provide additional Reward opportunities.

How do I get an activity tracking device?

Depending on the type of Programme your Programme Sponsor has chosen to offer you, you may (a) receive a Virgin Pulse personal activity tracking device (“MAX” or “MAX BUZZ”); or (b) use or purchase another compatible device. The full list of compatible devices is listed on Our platform. MAX Sync software to operate the MAX can be downloaded from the web-based platform, where you can also find the minimum IT system requirements for operating the MAX with the MAX Sync.

We will replace any MAX (excluding battery) or MAX BUZZ device that is deemed defective within one year of the order date. You will be able to replace a lost MAX or MAX BUZZ by purchasing a new one in the Virgin Pulse Shop. All MAX and MAX BUZZ orders are final and cannot be cancelled or refunded after they are submitted.

What is the Groups feature?

Our Groups are virtual gatherings of Members centred around common interests. Depending on your Programme design, you may be able to join a Group or create a Group and invite other Members to join your Group. Groups offer a chat-like feature, called Group Feed, which provides a forum for you to communicate with other Members that have joined the Group.

Are there rules of conduct for Members who join a Group?

The information you post in the Group Feed will be visible to other Members who have joined the Group. When posting on the Group Feed, you must follow some engagement rules:

  1. Respect other Members and avoid posting comments which are offensive to others. Material which is deemed as defamatory, discriminatory, racist, sexist or otherwise offensive is not welcome.
  2. Avoid posting comments or stories that may be considered ‘spam’, including overly repetitive messages.
  3. Only post content relevant to the Group and its theme and within the spirit of the Programme. We believe in freedom of expression, but you should be responsible and mature in your participation.
  4. Bear in mind that posting any of the following types of comments is strictly prohibited and may be grounds for termination of your Membership and may be reported to your Programme Sponsor, depending on the gravity of the circumstances:
    1. comments that threaten, harass or bully another person;
    2. personal or confidential information of anyone other than yourself;
    3. sharing another Member’s Personal Information;
    4. links that might be considered spam;
    5. nudity, pornography or profanity;
    6. misleading information;
    7. deceptive conduct;
    8. comments that encourage or incite violence; and
    9. any content to which you do not own the intellectual property rights.

We retain the right to delete any posts or comments that do not meet the above criteria, and take further action, as We deem necessary, to prevent future incidents.

What precautions should I take to participate in the Virgin Pulse Programme?

ALWAYS CONSULT YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAMME. By enrolling and participating in the Programme, you certify that you are healthy and that your physical condition allows you to perform moderate to intense exercise. If you experience any physical symptoms such as abnormal or sudden blood pressure changes, fainting, dizziness, or irregular heartbeat or any other physical symptoms which seem abnormal to you while participating in the Programme, stop exercising immediately and consult your doctor without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ AT A VIRGIN PULSE HEALTH STATION, OR ON THE MOBILE APPLICATION, ANY OF OUR WEBSITES, OR LEARNED THROUGH YOUR PARTICIPATION IN THE PROGRAMME.

Does Virgin Pulse provide medical advice?

No. WE DO NOT PROVIDE MEDICAL ADVICE. The information We provide is for educational and informational purposes only and should not be considered medical advice, diagnosis or treatment. If you have any healthcare-related questions, please call or see your doctor or other qualified healthcare provider without delay. We shall not be liable for any diagnostic or treatment decision made by you in reliance on any information provided by Us (e.g. at a Health Station or through the Programme). Should any unexpected medical event occur while you are participating in the Programme, please seek medical advice, diagnosis or treatment without delay. Your reliance on any information made available through your participation in the Programme is solely at your own risk.

Does Virgin Pulse provide financial advice?

No. WE DO NOT PROVIDE FINANCIAL ADVICE. Though there may be general information provided on financial topics as part of the Programme, the information provided is not intended as advice for your particular financial circumstances. Everyone’s financial situation is different, and it is important that you consult your own financial, tax and/or legal professionals before you take action.

What should I do if I am not able to participate in all aspects of the Programme?

If you have a disability, whether temporary or permanent, that limits your participation in the Programme, or if you have a medical condition that makes it unreasonably difficult (or medically inadvisable to attempt) to participate, you are still able to take part in the Programme. Please contact Virgin Pulse Member Services to find out about alternative ways for you to participate in the Programme. 

How are Programme errors and problems diagnosed and managed?

From time to time, you may encounter a technical or other problem in inputting or retrieving your Personal Information. In order to review and resolve these errors, We may need to access your Personal Information and Member account. You agree to make your Member account details and Personal Information available to Us to allow Us to diagnose and resolve the problem. 

What is Virgin Pulse’s liability?

Our liability may vary based on your country of residence. Subject to the exceptions below, you agree that in no event shall We be liable to you for any business losses, and any liability We may incur for losses you suffer arising from this Agreement shall not exceed $100 (USD) and is strictly limited to losses that were reasonably foreseeable.

You agree that We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by events outside Our reasonable control.

US and Canadian Residents

Other than as expressly set out in this Agreement, Virgin Pulse, its Programme Partners and other vendors do not make any specific promises about the Programme, the services or goods made available to you. The Programme, as well as all services and goods under this Agreement, are provided “AS IS” and “WITH ALL FAULTS”. To the extent permitted by law, We expressly disclaim all warranties and conditions with respect to all equipment, software, goods and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 

UK Residents

If you live in the United Kingdom, nothing in this Agreement shall limit or exclude Our liability to you:

  1. a) for death or personal injury caused by negligence;
  2. b) for fraudulent misrepresentation;
  3. c) for breach of any obligations implied by section 12 of the United Kingdom’s Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  4. d) under Part I of the United Kingdom’s Consumer Protection Act 1987; or
  5. e) for any other liability that may not, by law, be limited or excluded.

German Residents

Our liability for damages arising out of death or personal injury due to actions of a Virgin Pulse legal representative or designated agent (“Erfüllungsgehilfe”) is unlimited. Our liability for damages arising from the lack of a guaranteed characteristic, or from gross negligence, wilful misconduct or fraud by a Virgin Pulse legal representative or designated agent is unlimited. Except in the cases outlined above, in the event of a slightly negligent breach of a contractual core duty, We shall only be liable to the amount of the typically foreseeable damage. Contractual core duties are duties necessary for proper fulfilment of the contract, on which a party may reasonably rely. Liability pursuant to the German Product Liability Act remains unaffected. Insofar as German residents are affected, Our sole liability and your sole remedy shall be pursuant to this clause.

What is the applicable law and venue under this Agreement?

Except where prohibited by local law, this Agreement is governed by and interpreted and enforced in accordance with the laws of Rhode Island, United States. Any dispute between you and Virgin Pulse is subject to the exclusive jurisdiction of the federal and state courts in Rhode Island, other than for actions to enforce any order or judgement entered by such courts.

If you are not a resident of the USA, and if required by local law, you may bring an action against Us in the local courts of your place of domicile and nothing in this Agreement is intended to limit your rights to do so.

What laws does Virgin Pulse comply with?

We comply with any applicable laws and regulations based on the geographical location you select. You are asked to input your country and, if applicable, state of residence during enrolment. Please bear in mind that We do not independently track geographical location and We are unable to verify that information. Any discrepancy between your true residence and the information disclosed to Us, and how that may affect the functionality of the platform, remains your responsibility.

Is the Membership Agreement binding on me?

When you create an account, you agree to transact electronically through the web-based platform and mobile application. You agree that your selection of an item, button, icon, or other similar action, constitutes your signature as if actually signed by you in writing. By creating your account, you agree to be bound by the terms of this Agreement. We may update the terms of this Agreement from time to time. If We update these terms, you will be notified and required to review and accept these terms prior to being able to access the Programme.

Which Translation of the Virgin Pulse Membership Agreement is the Official Version?

Please note that any translation of this Agreement is intended solely to facilitate your access to this information. The English version is the only official version of this Agreement and any translation inaccuracies or discrepancies are not binding and have no legal effect for compliance or enforcement purposes.

How can I contact Virgin Pulse?

If you have any questions, comments or concerns about this Agreement, or your rights and obligations under this Agreement, you may contact Us via email at privacyofficer@virginpulse.com or via the “Contact Us” section of the Virgin Pulse web-based platform and mobile application.

 

Alternatively, you can contact Us by writing to:

The Virgin Pulse Data Protection Officer

Virgin Pulse, Inc.

75 Fountain Street, Providence, Rhode Island 02902, United States.