ACTIV8 designs products to inspire you to lead a healthier life together with the support of trustworthy specialists and clinicians. These Terms of Service apply to your access and use of our service, devices, applications, software, firmware, websites, APIs and products (hereon in referred as the “Services”).
These Terms are an agreement between you and ACTIV8. When the Terms mention “ACTIV8,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Service.
You must accept these Terms to access or use the ACTIV8 Service. If you do not have an account, you accept these Terms by using any part of our Service. If you do not accept these terms, do not create an account or use the ACTIV8 Service.
The privacy notice
For information about our data practices, please see our Privacy Notice, including our Cookie Use statement. By accessing or using our Service, you agree that we can collect and use your information in accordance with the Privacy Notice.
Account creation
Full use of our Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our Customer Support if you discover or suspect any security breach related to your account.
You may only use our Service if:
- you own a device that is manufactured, distributed, or sold by ACTIV8 itself or through its authorized resellers or agents;
- you installed mobile applications and software, or approved third-party applications, software, website or devices;
You may not connect to our Service with any device that is not manufactured, distributed, or sold by ACTIV8 itself or through its authorized resellers or agents or if you’re using any unauthorized application and third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the ACTIV8 Service.
Equipment
Full use of our Service is dependent upon your use of a computer with adequate (approved) software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.
What you can do with the service
The ACTIV8 Service is intended for your personal, non-commercial use.
ACTIV8 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the ACTIV8 Service, (2) access and view the ACTIV8 Content, (3) access and use the software and mobile applications provided by the ACTIV8 Service, and (4) use the software that is embedded into ACTIV8 devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the ACTIV8 Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content and Service or any portion thereof, except as expressly permitted in these Terms or through further agreements with ACTIV8 itself.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the ACTIV8 Service:
- use, display, mirror, or frame our Service, without our express written consent;
- use any ACTIV8 proprietary information without our express written consent;
- test the vulnerability of any ACTIV8 system or breach any security or authentication measures;
- circumvent any technological security measure implemented by ACTIV8 or any of our providers or any other third party (including another user);
- access the ACTIV8 Service or Content through the use of any mechanism other than through an Authorized Connection, Service, or API; or
- modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that ACTIV8 provides to you or any other part of the Service.
Use of the service is your responsability
The accuracy of the data collected and presented through our Service is not intended to match that of medical devices, nor is it intended to diagnose, treat, cure, or prevent any disease. If necessary, depending on your health condition, consult your doctor before using the Service, engaging in an exercise program, or changing your diet. If you engage in any exercise program you receive or learn about through the Service and Content, you agree that you do so at your own risk and are voluntarily participating in these activities.
Our rights
“Content” includes any data, text, exercise regimes, comments, software, or other materials that are posted, generated, provided, or otherwise made available through our Service. Content and Service, and its underlying technology are protected by copyright, intellectual property, and other laws. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, or other proprietary rights notices incorporated in or accompanying the ACTIV8 Service.
Our enforcement rights
We have the right to monitor access or use of the Service and Content, or your Content or to review or edit any Content or Your Content for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements, such as the General Data Protection Regulation (“GDPR”). We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Service and Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content, or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the ACTIV8 Service, and in response may take any action we may deem appropriate.
Copyright policy
ACTIV8 respects the intellectual property of others and expects its users to do the same. It is ACTIV8’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who infringe the rights of copyright holders.
Sending and Delivery
Delivery time
Within the Netherlands
Orders will be delivered as soon as possible. In principle we strive to deliver all orders placed within 24-72 hours. The delivery time is an indication and therefore no rights can be derived from this.
Within Europe
The delivery period for countries within Europe differs per country. ‘Standard delivery’ takes approximately 7-12 days and ‘priority delivery’ takes approximately 3-5 days.
Outside Europe
‘Standard delivery’ outside Europe takes approximately 10-15 days and ‘priority delivery’ takes approximately 6-9 days.
More sending and delivery details
Availability from our own stock
In principle, all products are directly available. When a product is sold out, Activ8 will contact you as soon as possible by e-mail to find a solution.
Delivery time for payment in advance
When paying in advance, please allow 1-3 additional days transfer time. When we receive your payment your order will be sent immediately.
Delivery charges
Delivery charges depend on the size of the order, destination and payment method. Track your order online (Netherlands only) Using the TNT packet-code, you can track your order on the TNT post website. You can find your code in the order confirmation.
Not at home (Netherlands only)
When you’re not at home to receive your order, it will be offered again the next day. If you miss this as well you will be able to pick up your order at the postal office for 3 weeks after this occurs.
Payment & Prices
Prices All prices are in Euros and include VAT. Shipment charges are not included and depend on destination and shipping method. Payments can be made using iDEAL or payment in advance.
iDEAL (Netherlands only)
If you have access to internet-banking (ABN AMRO, ING, Rabobank, SNS Bank or Fortis) then you can make use of iDEAL, an easy and safe method of paying. iDEAL makes use of your own bank account, it is fast, simple, safe and free.
Your order
How to place your order
Placing an order at activ8all.com is quick and easy following the steps indicated by the webshop. Areas followed with an asterix (*) are obligatory. After you have placed your order you will receive the order status via e-mail.
Order confirmation
When your order is received, you will be sent an order confirmation e-mail with an order overview, order number and package code. If you do not receive order confirmation e-mail, please check the spam box in your e-mail account. If you still haven’t received the order confirmation e-mail please contact us using the contact form on our website Activ8all.com or e-mail us at [email protected].
Payment confirmation
When paying in advance you will receive a payment confirmation e-mail 1-3 days after the payment was placed.
Sending confirmation
When your order has been sent, you will receive a sending confirmation e-mail with a TNT package code (Netherlands only). This code enables you to track your order on the TNT website.
Cancellation or change
If you want to cancel or change an existing order, then please contact us. You can send us an e-mail at [email protected] or use the contact from on our website.
Questions after delivery
If you have questions about the use or maintenance of your Activ8 please see the frequently asked questions section. If you can not find the information you’re looking for please don’t hesitate to contact us! You can do this through the contact form on the website Activ8all.com or via [email protected], we will try to answer your e-mail within 24 hours on workdays.
Suggestions and complaints
Suggestions If you have any suggestions about how we can improve our service and/or products, then please let us know. You can find a contact form on our website Activ8all.com
Complaints
If you are not satisfied with your Activ8, our service or you have ideas for improvements of our products, then please let us know. You can send your complaint in writing or by e-mail, or use the contact form on the website Activ8all.com. We will try to give you a definite answer within 1 week.
Returns & Warranty
Activ8all.com 14 Day Satisfaction Guaranteed Return Policy
If you are unsatisfied with your purchase from Activ8all.com for any reason, you have 14 days from the date of purchase to request a full refund. You may return any product purchased on Activ8all.com (“Product”).
To qualify for a refund, all the following conditions must be met:
- A Return Merchandise Authorization (RMA) must be requested from our customer service team within 14 days of your purchase date. To request an RMA, email [email protected].
- Returned product(s) must be in good physical condition (not physically broken or damaged).
- All accessories originally included with your purchase must be included with your return.
- The RMA number must be included along with your returned product.
Additional terms and conditions:
- Products ordered in December can be returned through January 15 of the following year (or 15 days – whichever is longer).
- Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
- You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Activ8.
- If you return Product to Activ8 (a) without an RMA from Activ8 or (b) without all parts included in the original package, Activ8 retains the right to either refuse delivery of such return or charge you a restocking fee of 15% of the original price of the product or the retail value of the missing accessories, whichever is higher.
- Refunds will be processed and paid within 2 weeks of Activ8’s receipt of Product.
Limited Product Warranty
2M Engineering Ltd. (“Activ8”) warrants to the original purchaser that your Activ8 electronic device (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period”).
Activ8 does not warrant that the operation of the Product will be uninterrupted or error-free. Activ8 is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
This Limited Warranty does not cover software embedded in the Product and the services provided by Activ8 to owners of the Product. Refer to the license agreement accompanying the software and the Activ8 services terms of use for details of your rights with respect to their use.
Remedies
If a hardware defect arises and a valid claim is received by Activ8 within the Warranty Period, Activ8 will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Activ8 itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
How to Obtain Warranty Service
To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Activ8. In accordance with applicable law, Activ8 may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Activ8 will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Activ8 website (www.activ8all.com).
Exclusions and Limitations
This Limited Warranty applies only to the Product manufactured by or for Activ8 that can be identified by the “Activ8” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Activ8 products and services other than the Product, (b) non-Activ8 hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Activ8 or if the Product is inserted or installed in a casing not provided by Activ8. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Activ8 products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Activ8 or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Activ8. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No Activ8 reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ACTIV8 SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF ACTIV8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law
This Limited Warranty shall be governed by the laws of the Netherlands, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
National Statutory Rights
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.
About
ACTIV8 and Activ8all.com are a business initiative of 2M Engineering in the Netherlands.
