Terms and Conditions
Last amended on 31st May 2017
This website and the related services are operated by, or on behalf of Buddi Limited of Talbot House, 17 Church Street, Rickmansworth, Hertfordshire WD3 1DE, United Kingdom. Company Number 05308826 (collectively ”We” or “Us”).
This document governs your use of the online and mobile services associated with our brand “Nujjer”, including but not limited to, www.nujjer.com and all associated subdomains (the “Website”), the Nujjer mobile application (“App”) and the Nujjer wearable wristband (“Wristband”). For ease of reference, all of the features and functionality of the Website, the App and the Wristband, together with all content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the “System”.
One component of the System is the behaviour change intervention programme with associated expert messages, educational modules and tools (the “Nujjer Service”). All terms governing the System also apply to the Nujjer Service. The System and the Nujjer Service are both owned and managed by Buddi Limited.
The Nujjer Service may not be available in some languages or countries.
Please note that you must read and agree to the terms and conditions of this Agreement and any amended or additional terms that we may publish from time to time (as detailed on our website and amended from time to time by us as necessary) before you use the System and/or the Nujjer Service.
If you do not agree to the terms and conditions of the Agreement, you may NOT use the System nor may you use the Nujjer Service.
The terms “we”, “us”, “our” and “ours” when used in these terms mean Buddi Limited (“Buddi”). The terms “you”, “your” and “yours” when used in these terms mean any user of the System.
1. Scope of Agreement
This Agreement applies to your use of the Nujjer Service and the System, including any additional content that we make available from time to time as part of the Nujjer Service or the System.
2. Contract Information
3. Understanding Buddi and the Nujjer Service
You acknowledge and agree that the Nujjer Service is a personalised self-help behaviour change intervention programme designed to help you improve your own health and wellbeing and that if you choose to access the Nujjer Service you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that the Nujjer Service is not intended to diagnose, treat or otherwise address any medical problem and the material on the System, whether posted by Buddi employees, or others, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified care professional. If you receive advice from a doctor or other qualified medical professional, which conflicts with anything contained in the System, then the former should take precedence.
4. Purchase of Products and Services that Require Payment
The Nujjer Service details the Wristband that is available for you to purchase. However, please note that the images of the product on the Nujjer Service are for illustrative purposes only, colours and packaging may vary.
We reserve the right to amend the prices of the Nujjer Service and any orders that have not been dispatched may be subject to the amended prices. The prices quoted do not include delivery charges which will be as detailed on our website when you are ordering your Nujjer Service.
The prices shown for the Nujjer include VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date on which you have paid for your Nujjer Service in full your order will be subject to the adjusted rate of VAT.
The initial purchase of the wristband for your Nujjer Service must be paid for by credit or debit card. The Nujjer Service is a 12 month programme that requires a wristband and a Subscription Service and the monthly payments must be made by direct debit.
You agree that Buddi Limited, having taken reasonable steps to protect your payment details, is not liable for any loss caused by any unauthorised use of your credit card or other method of payment by a third party in connection with your Nujjer Account.
Any attempt to defraud the Nujjer Service through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, and active pursuit of civil litigation and/or criminal prosecution.
You must not make payments to us with money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you.
We may suspend or cancel your Nujjer Account, which may remove your access to the Nujjer Service, if we do not receive an on-time, full payment from you. Suspension or cancellation of the Nujjer Account for non-payment could result in a loss of access to and use of your account and the Nujjer Service.
You will be liable for any costs we incur due to you not making the correct payments by the required dates, including a fee of £10 for each failed direct debit and interest on any outstanding amounts at the rate of 5% above the Bank of England base rate from time to time (per annum) and any further administration costs we incur.
6. Subscription Services
You must pay a subscription to access the Nujjer Service. We provide Subscription Services that are based on an ongoing, rolling contract that require you to subscribe for periodic payments.
We will bill you at the time of purchase for your wristband and on a recurring basis for Subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring Subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that have not previously been processed.
Provided that automatic renewals are allowed in your country or territory, we will automatically renew your Subscription Services and charge you the then current price for the renewal term. You must cancel the Subscription Services, by emailing us at firstname.lastname@example.org, before the renewal date to avoid being billed for the renewal.
You may cancel the Subscription Services following any fixed minimum contract period, provided you comply with the terms of any contract you entered into when you subscribed to the Subscription Services.
7. Changes to this Agreement
Buddi reserves the right to vary this Agreement from time to time by amending this page together with the date from which the changes will be effective. If you use the Nujjer Service after the date the change becomes effective, you will be deemed to consent to the changed terms. If you do not agree to the changes, you must stop using the Nujjer Service and cancel any services that are based on an ongoing, rolling contract that require you to subscribe for periodic payments (“Subscription Services”) by following the instructions in Clause 11 below. Otherwise, the new terms will apply to you.
8. Your health and Nujjer
You are urged and advised to seek the advice of a doctor before beginning any lifestyle improvement programme. If you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
A team of third-party clinicians have provided advice for dietary information provided on the System and contained within the Nujjer Service messages and educational modules. Reasonable care has been taken to confirm that the information presented is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, Buddi Limited is not responsible for errors or omissions in any of the third-party data, or for any consequences arising from application of the information on the System, and makes no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
9. Delivery of Products and Services
The Wristband will be dispatched via Royal Mail (or similar, for overseas sales) subject to the initial payment, delivery charges and any VAT thereon having been received in full by Buddi. Please note that any dispatch estimates provided are not guaranteed dispatch times and should not be relied upon as such. All goods will be dispatched without undue delay. We are not responsible for any delay in delivering your Nujjer Service caused by issues outside of our control. As we process your order, we will inform you if any Products you order turn out to be unavailable.
Buddi will deliver the Wristband to the address you supply to us. The Wristband will be at your risk from the time of delivery and it is your responsibility to ensure that a responsible adult is able to accept receipt. We recommend that you arrange relevant insurance cover with a replacement value of at least £100.
10. Registering a Nujjer Account with Buddi
We will charge a subscription fee for access to the Nujjer Service following the initial charge for the wristband. To access this service you will need to register for an account (“Nujjer Account”) via the website at www.nujjer.com.
In order to register for an account you must: (i) be at least 18 years of age; (ii) provide us with certain information about yourself; and (iii) not allow third parties access to your Nujjer Account
You will need to set up a password when you register for a Nujjer Account, this will be required whenever you make a purchase from your Nujjer Account and to change certain settings on the Nujjer Account.
It is your responsibility to ensure your Nujjer Account details remain up to date. Failure to provide correct information when registering an account or to ensure your information remains up to date may lead to Us suspending or terminating your Nujjer Account. In addition, you are responsible for all activities that occur on your account. Therefore, if you suspect the security for your Nujjer Account has been breached, you should let Us know as soon possible by contacting the Customer Service Team at email@example.com.
11. Refunds and Cancellations
You may cancel your Nujjer Service order within 14 days of delivery of your wristband. If you have already received delivery of your Wristband you must return it to us at your own cost and risk, unused, in its original packaging and with all its documentation. Your refund of the full Wristband purchase price will be processed once We have received the Wristband.
If you believe your Wristband may be faulty, please contact the Customer Service Team and they will arrange a replacement for you.
If you cancel your subscription after the first 14 days, we will charge you the remaining subscription fees to the end of your contract term. You may cancel by emailing Us at firstname.lastname@example.org.
This clause does not affect your statutory rights.
12. Right to Refuse Access and Termination
We reserve the right to refuse to register or to terminate any Nujjer Account if any of the following occur:
12.1. You breach this Agreement or any additional terms.
12.2. You infringe, or You are in Our view likely to infringe, intellectual property rights.
12.3. Your approval of use is withdrawn (including at the time when the application to open a Nujjer Account is/was made).
12.4. You include false or erroneous information (including spoofing) or omit information in your application.
12.5. You neglect payments.
12.6. At the time of application, any of the credit card companies designated by Buddi as acceptable for the settlement of bills (“Credit Card Companies”) do not recognise use of a credit card by you on the grounds that your contract has been terminated or membership revoked.
12.7. You are either underage, under guardianship, or someone unable to act on their own account who has not obtained the approval of the designated proxy or custodian in registering for a Nujjer Account.
12.8. For any other reason We judge you to be unsuitable for membership.
Without prejudice to any of its other rights, even when an application has been approved, Buddi reserves the right to (i) terminate agreement(s) with the relevant User(s) and/or (ii) close the account(s) of users and/or (iii) withdraw approval from an applicant whose application is later found to correspond to any of the circumstances described in the previous paragraph. Usage fees and all other liabilities due in relation to the Nujjer Service by you, during the period of time between application and decision making by Buddi to cancel the application for registration due to reasons itemised in the foregoing articles or for any other reason, shall be paid by you. Based on this provision, Buddi may, without notifying you, transfer all or some of the rights to claim payment (including overdue interest) from you to the Credit Card Company that you use or declared to use to conduct payments.
By opening a Nujjer Account, you agree to allow us access to it to investigate complaints and/or other allegations of abuse.
You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result. You must contact Buddi Customer Service Team immediately if you suspect misuse of your Nujjer Account or any security breach in the Nujjer Service.
We may change the Nujjer Service at any time and where necessary inform you of those changes, for any reason, and we may also cancel or suspend your ability to access them if you are in breach of this Agreement. If we cancel your Nujjer Account or your credentials, your right to use the Nujjer Account, Nujjer Service and Wristband stops immediately, but you are still required to pay all charges already incurred through that account.
13. Following Termination
Unless otherwise agreed by Buddi in writing to the account holder, following termination of your Nujjer Service the Wristband will be unpaired from the System, the Nujjer Service will be deactivated and you will no longer be able to use it.
Any payments due to us must be paid immediately on termination of the Nujjer Service. If the use of your Nujjer Service under this agreement is terminated and you are within an initial minimum Subscription Service period or a subsequent renewal period you will be required to pay an amount equivalent to the remaining monthly payments due for that period on termination.
14. Your Obligations
You agree that the Nujjer Service is only for personal use, and you will not use the Nujjer Service, any content available on the Nujjer Service, or your Nujjer Account, for any commercial purpose.
You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Nujjer Service, any game, application, or other content available or accessible through the Services, or any hardware associated with the Nujjer Service. If you do so, we may cancel your account and your ability to access the Nujjer Service, and pursue other legal remedies. We may take any legal action we deem appropriate against users who violate our systems or network security, this contract or any additional terms incorporated or referenced in this contract. Such users may also incur criminal or civil liability.
You may be unable to use some of the Nujjer Service outside the country associated with your account. You must comply with the laws which apply to you in the location you access the Nujjer Service from. If any laws applicable to you restrict or prohibit your participation in them, then you must comply with those legal restrictions. Accordingly, We may monitor the location from which you appear to access the Nujjer Service and, may use techniques which are intended to block access from any location in which participation in the Nujjer Service may be illegal or restricted as we may determine in our sole and absolute discretion from time to time.
You may not sell, assign, or otherwise transfer your account to another person.
15. Changes to available services and products
We continuously work to improve the Buddi Services and may change them at any time. Additionally, there are reasons why We may stop providing portions of the Nujjer Service, including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue.
We may, among other things:
restrict or limit access to the Nujjer Service;
retrieve information from any connected peripheral device used to log onto the Nujjer Service as necessary to operate and protect the user’s security and to enforce this Agreement; and
upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Nujjer Service, or any hardware or software associated with them, from time to time without notice. We may do so by the automatic download of related software directly to the Wristband including software that prevents you from accessing the Nujjer Service or using unauthorised hardware peripheral devices.
16. Internet Access
Internet access may be required to access the Nujjer Service. We are not an Internet service provider and it is your responsibility to arrange the required Internet access. You may incur charges related to Internet access, data transfer and other services per the terms of the data service plan and any other agreements you have with your network operator related to use of the Nujjer Service. You are solely responsible for any network operator charges.
17. Service Availability
We and our affiliates, resellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the Nujjer Service. You understand that use of the Nujjer Service is at your own risk and that we provide the services on an “as is” basis “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Nujjer Service. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this agreement is intended to affect those rights, if they are applicable.
You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss will not occur.
18. Liability Limitation
You agree that your use of the Nujjer Service is at your sole risk.
You can recover from us for all successful claims only direct damages up to a total amount equal to the fees you paid for your Nujjer Service. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this agreement, for example:
the Nujjer Service;
loss of data;
your content, third party content (including code), third party programs, or third party conduct;
viruses or other disabling features that affect your access to or use of the Nujjer Service;
incompatibility between the Nujjer Service and other services, software, or hardware;
delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with Buddi or the Nujjer Service in an accurate or timely manner; and
claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; omission; strict liability; negligence; or other tort.
The Nujjer Service is a personalised self-help behaviour change intervention programme designed to help you improve your own health and wellbeing, however We accept no responsibility for the health and safety of any user of the Nujjer Service.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or we knew or should have known about the possibility of the damages.
You agree that We are not responsible in any way for any problems with the Nujjer Service that are caused by a matter beyond Our control, including but not limited to Internet failures, equipment failures, power failures, severe weather, industrial disputes and sabotage.
Nothing in these terms will affect the statutory rights of any consumer. Nothing in these terms will exclude or restrict liability for death or personal injury arising from our negligence, fraud, gross negligence or wilful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
19. Intellectual Property
Any software or content (e.g., text, images, video, layout, design, content graphics, music, sound, or games) (for purposes of this section, we refer to all of these, as applicable, as “Software”) that Buddi owns and provides as part of the Nujjer Service are licensed and not sold and are protected by UK and other international copyright laws.
Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
The license is according to the terms of this Agreement unless separate license terms are provided or referenced. We may also automatically download upgrades to the Software to update, enhance, and further develop the Nujjer Service. We reserve all other rights not expressly granted in this contract. The Software license ends when your Nujjer Service ends unless we notify you otherwise. You must then uninstall the Software, or We may disable it. You must not work around any technical limitations in the Software.
20.1. Buddi shall use reasonable care in the provision of the Nujjer Service.
20.2. To the extent permitted by applicable law, Buddi gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or the Nujjer Service or to the accuracy of the information contained in any of the materials on the System or the Nujjer Service.
20.3. Buddi warrants that upon delivery and for a period of 12 months from the date of delivery, the Wristband will be free from defects in workmanship.
20.4. Buddi shall not be liable for a breach of this warranty unless: (a) You give written notice of the defect to Buddi within 14 days of the time when you discover or ought to have discovered the defect; and (b) Buddi is given a reasonable opportunity after receiving the notice of examining such Wristband and you (if asked to do so by Buddi) return such Wristband to Buddi at your cost for examination to take place there.
20.5. If any Wristband does not comply with the warranty set out above (“Defective Device”), then, subject to clauses below, Buddi shall at its cost, expense and discretion use all reasonable endeavours either to repair or replace the Defective Device within 10 working days of receipt of the Defective Device.
20.6. Subject to payment by you of Buddi’s charges in force from time to time for accelerated replacement Buddi shall at your request replace any Defective Device within 72 working hours of receipt of the Defective Device by Buddi.
20.7. Buddi shall not be liable for a breach of the warranty in the above clause 20.3: (a) to the extent that it is attributable to further use of such Wristband after giving the written notice referred to above; or (b) if the defect arises because the User failed to follow Buddi's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Wristband; (c) that is attributable to fair wear and tear, abuse, improper use or use in an environment or for a purpose for which the Wristband was not designed or intended by Buddi; or (d) if you alter or repair such Wristband or any part thereof without the written consent of Buddi.
20.8. If Buddi complies with clauses 20.5 and 20.6 it shall have no further liability for a breach of the warranty in clause 20.3 in respect of such Wristband. Any repaired or replacement Wristband will be warranted on these terms for the unexpired portion of the warranty period.
20.9. If Buddi receives written notice from you of any breach of the warranty in clause 20.3, then Buddi’s sole liability shall be, at its sole discretion, to: (a) remedy the breach within a reasonable time and without charge to you; or (b) refund such proportion of the subscription fee as shall correspond to the period during which the breach took place.
20.10. Except as expressly stated in these Terms and Condition all other warranties, representations (unless made fraudulently), terms and conditions are excluded to the fullest extent permitted by law.
This agreement, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement, its subject matter or formation (including non-contractual disputes or claims).
Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
22. No Waiver
No failure or delay by Us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
If We have to contact you or give you notice in writing, We will do so by email or by pre-paid post to the address you provide to Us in your order.
When you visit Our website or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
You acknowledge that there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.
24. Buddi Customer Service Team
For information on customer support, please go to our website www.nujjer.com. You may contact us from the UK on 0800 978 8800, or from outside the UK on +44 1923 601909 or by email at email@example.com. Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate qualified health practitioner. Our registered office address is Buddi Ltd, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire WD3 1DE, United Kingdom.