Purchase Terms
Background
PerformIQ Lifestyle Private Limited, (“PerformIQ Life”) is a company that, among other things, develops and delivers subscription products with personalized features and also delivers digital measurements and solutions in Health and Leadership. The Company offers and helps other companies and organizations to build successful teams in and for their respective business and develops, on the “consumer” side, certain subscription services, as stated above.
In addition to the specific terms and conditions that apply between PerformIQ Life and the Subscriber (individually or collectively, the “Party” or “Parties”) pursuant to each order and purchase order of the above subscription (the “Subscription Agreement”), these in the document presented herein (the “General Terms” shall also apply to such Subscription from the commencement of the Subscription or otherwise acquired.
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- The Subscription and the “Service”
1.1 Anyone who wishes to become a Subscriber in this contractual relationship must be of legal age (at least 18 years of age) and resident in the country where the Subscription and the Service are to be exercised. This can be done by opening an account in which the Subscription is included or by starting the Subscription directly with PerformIQ Life.
1.2 The agreement that regulates the Subscription now specified includes as the main part the “Service”, i.e. the part of the subscription that includes the platform (and interface) on which the Subscriber manages and performs the technical part of the Subscription. The service in the Subscription is provided by PerformIQ Life and is a digital service that is connected via an internet device compatible with PerformIQ Life from one of PerformIQ Life’s platforms or apps or other pre-programmed service. The details of the Service are stated on PerformIQ Life’s website and shall be in connection with these General Terms, which Service may be updated from time to time. Notice of such change will be notified to the Subscriber. Such right to modification also applies to proposals and decisions on new types of subscriptions.
1.3 During the subscription period, PerformIQ Life’s has the obligation to monitor and maintain the Service, but also the right to modify and improve it within the framework and basic conditions of this Subscription.
1.4 In addition to the right to improvements and modifications in the Service that PerformIQ Life has in accordance with section 1.2 above, where the Service and the General Terms and Conditions may be modified or changed if the Service may also include competitions or other additional services. It is PerformIQ Life’s acceptance that counts if a change in the terms and conditions is to be made. Such modifications and additions apply to the General Provisions. If these modifications and additions conflict with the General Provisions, the new provisions shall prevail.
1.5 In the event that the Subscriber violates the provisions of this subscription agreement or its General Terms, including non-payment of subscription fees, PerformIQ Life shall have the right to suspend the Service for a certain period of time or terminate it and the Subscription for good.
- Intellectual Property Rights
2.1 The Service and its content are the property of PerformIQ Life but also include the copyrighted property of PerformIQ’s licensors and/or licensees. All trademarks, trademarks, names, trade dress, and other intellectual property rights in the Service or in its content are owned by PerformIQ Life, its licensors and licensees, or others.
2.2 Through the Subscriber Agreement and these General Terms and Conditions, the Subscriber acquires a right to use the goods and services covered by the Subscription. This does not mean that the Subscription will have any additional right to acquire any ownership rights or any other right to transfer their rights to another person or otherwise dispose of the services covered by the Subscription. In the event of a breach, the Subscriber is responsible for any damage that may arise from such breaches to manage the Service in a way other than their own use.
2.3 As a Subscriber of the Service, the Subscriber undertakes not to copy, reproduce, modify, create derivative works based on, display, publish, distribute, distribute, broadcast, transmit, sell, rent, license, loan, sublicense, circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or all or part of the Service to any third party, (including, but not limited to, displaying, distribution and distribution of material via a third party website) without the prior written consent of PerformIQ Life, unless expressly permitted by mandatory law or regulation.
- Responsibilities of the parties
3.1 The Service is licensed to the Subscriber for use in the country in which the Service is intended to be used. If the Subscriber uses the Service outside of this area, PerformIQ Life is not responsible for any variations in usage in this area that impair or make it impossible to use it.
3.2 In addition to the right to use the Service for one’s own benefit, the Subscriber may not disable the Service’s protection system, reverse engineer or use the Service in an illegal or unauthorized manner, either during or at any time after the Subscription Period.
3.3 If the Service includes third-party services or products, PerformIQ Life does not have any special responsibility for these, but encourages the Subscriber to review instructions and policies regarding such products and services.
3.4 The Service is open continuously without interruption. If there is an interruption in the ongoing Service, PerformIQ Life undertakes to rectify such error or deficiency without unreasonable delay.
3.5 The Subscriber undertakes to notify PerformIQ Life during the Subscription Period if there is or threatens to arise any problem with the Service and its operation that the Subscriber becomes aware of.
3.6 PerformIQ Life is not responsible for any damage that may arise from errors in third parties’ deliveries of products or services to the Service in the Subscription and is not responsible for operational disruptions in the mobile network or for any other internet service provider.
- General
4.1 The Subscriber undertakes not to transfer his/her rights or obligations in the Subscription, in whole or in part, to another physical or legal person, unless prior written permission has been given by PerformIQ Life.
4.2 The Parties have the right to cancel this Subscription if the other Party has materially violated the Subscription’s rules and, despite being requested, has not rectified the situation within a reasonable time. If, in connection with a breach of contract, damage occurs to any of the Parties, compensation for such damage shall only include direct damage and not indirect damage or other consequential damage.
4.3 A Party is exempt from penalty for failure to perform certain obligations under this Subscription Agreement, if the failure is due to circumstances of the kind set out below (“Release Circumstance”) and the circumstance prevents, significantly complicates or delays the performance thereof below (“Liberating Circumstance”) and the circumstance prevents, significantly complicates or delays the performance thereof. An exonerating circumstance shall be considered to include an action or omission by an authority, new or amended legislation, conflict in the labour market, blockade, fire, flood or accident of major magnitude.
In order to benefit from such relief, the affected Party shall, within a reasonable time, notify the other Party in writing of any irregularity that has arisen. If the force majeure obstacle ceases, the affected Party shall resume the commitment that was previously prevented for the reasons stated above.
4.4 Disputes arising out of or in connection with this Subscription Agreement or the application thereof shall first and foremost attempt to resolve in a reasonable manner between the Parties, but if this does not happen, the dispute shall be settled by a general court.
These General Terms and Conditions are effective from 1 January 2024