Last updated: 15 February 2021

Please read these Terms of Service carefully before using Our Service.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You (the individual trader) and ZISHI Elite (Us, We, Our). These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditional on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not proceed further to access the Service. You must immediately uninstall the App and discontinue its use. These Terms of Service should be read alongside our Privacy Notice.

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS OF SERVICE WHICH SHALL BE BINDING UPON YOU.

You must be 18 or over to accept these Terms and Use the Service. You represent that you are 18 or over. ZISHI Elite does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditional on Your compliance with the Privacy Notice [Please embed hyperlink to Privacy Notice] of ZISHI Elite. Our Privacy Notice describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Notice carefully before using Our Service.

Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of Your account and/or Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. Your password must remain confidential and private to You at all times and must satisfy the minimum conditions set by Us in order that You are eligible to use this Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity, other than You, without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. The [App / Services] have not been developed to meet Your individual requirements. Please check that the facilities and functions of the [App / Services] (as described on the AppStore site and in the Documentation) meet your requirements.

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the [App / Service] or any operating system;
  • not infringe Our intellectual property rights or those of any third party in relation to Your use of the [App / Service], including by the submission of any material;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your Use of the [App / Service];
  • not Use the [App / Service] in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual Property

The Service and its original content and documentation throughout the world belong to Us (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of ZISHI Elite Your rights to the [App / Service] and documentation is a right solely to Use them in accordance with these terms.

The ZISHI Service is protected, including by trademark, and other laws of both England & Wales and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ZISHI Elite.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide ZISHI Elite. If for any reason such assignment is ineffective, You agree to grant ZISHI Elite a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to other third-party independent websites or services that are not provided, owned or controlled by ZISHI Elite.

ZISHI Elite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We have not checked and approved their content or their privacy policies (if any). You further acknowledge and agree that ZISHI Elite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.

You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Use of Polar H10 device, CorSense (or a similar device)

As part of the Service, ZISHI Elite supplies You with a wearable HRV Monitor such as Polar H10 or CorSense Device. These Terms of Service and our Privacy Notice relate only to your use of these devices as part of the ZISHI Elite Service. If You connect these devices to another service, such as “CorSense mobile App” then you will be subject to their Terms of Service and Privacy Policy. We shall have no responsibility to You whatsoever for your use of the devices in connection with any service other than this Service or otherwise.

We May Transfer This Agreement to Someone Else

We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the Terms.

You may not transfer the App / Service or devices to anyone else

We give you personally the right to use the Service and devices as set out herein. You may not transfer the App, Service or devices to anyone else, whether for money, for anything else or for free. If You sell any equipment on which the App is installed, You must remove the App from it.

If you download or stream the [App / Service] onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not You own the phone or other device.

We are not responsible for events outside Our control.

If Our provision of the Services or support for the [App / Services] is delayed by an event outside our control, We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact us to end Your contract with Us and receive a refund for any Services You have paid for but not received.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If we end Your rights to Use the [App / Services]:

  • You must stop all activities authorised by these Terms, including Your Use of the [App / Services].
  • You must delete or remove the App from all devices in Your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
  • We may remotely access Your devices and remove the App from them and cease providing You with access to the Services.

If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Nothing in these Terms of Service shall exclude or in any way limit ZISHI Elite’s liability for death or personal injury caused by its negligence or fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall ZISHI Elite be liable to you with respect to use of the Service and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the Service, Device failure or malfunction.

ZISHI Elite shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall ZISHI Elite’s liability arising under or in connection with these Terms of Service and your use of the Service exceed £50.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ZISHI Elite, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ZISHI Elite provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, ZISHI Elite makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of ZISHI Elite are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

From time to time we may automatically update the [App / Service] and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask You to update the [App / Service] for these reasons.

If You choose not to install such updates or if You opt-out of automatic updates You may not be able to continue using the App and the Services.

The App will work with the current or previous version of the operating system (as it may be updated from time to time).

We May Collect Technical Data About Your Device

By using the [App / Services], You agree to Us collecting and using technical information about the devices You use the App on and related software, hardware and peripherals to improve our products and to provide any Services to You.

No Rights For Third Parties

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

Even If We Delay In Enforcing These Terms, We Can Still Enforce It Later

Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breach of any Terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

Governing Law

The laws of England & Wales shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or complaint about the Service, You agree to first seek to resolve the dispute informally by contacting ZISHI Elite and, if we cannot reach an acceptable resolution, to submit to Alternative Dispute Resolution. Alternative Dispute Resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court.

If We have to contact You, We will do so by email, by SMS or by pre-paid post, using the contact details You have provided to Us.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the Country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. We shall notify You of a change when You next start the App or next use the Service.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact us: