Terms of Service
Updated 11th August 2021
These Terms of Service (“this Agreement”) lay out the terms and conditions that apply to your access and use of the Carv website located at www.getcarv.com and your purchase and use of Carv products, each owned and operated by “Motion Metrics Limited” (referred to in this Agreement as “Carv”, “we, “us”, “our”), and the services available thereon (including the accompanying applications, APIs, hardware, software, firmware and services), referred to collectively as “Carv Services”.
BY PLACING AN ORDER OR USING CARV SERVICES, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. Please note the following with respect to this Agreement:
- THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS AND LIMITATIONS OF YOUR RIGHTS WITH RESPECT TO CARV. PLEASE READ IT CAREFULLY.
- THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS OR JURY TRIALS.
- SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY OR WARRANTY DISCLAIMERS SO SOME OR ALL OF THE LIMITATIONS OR DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
This Agreement is between you and Motion Metrics Limited – if you do not accept them, please do not use our products or services.
If you need to contact us, please see our contact us page or our registered office address.
To use Carv Services, you must be of legal age (the age of majority) in the jurisdiction in which you live. You may not use Carv Services if you are less than 16 years of age. If you are older than 16, but not of legal age, then your parent or legal guardian may apply for an account on your behalf and authorise you to use that Account and Carv Services under their supervision. In those circumstances, your parent/guardian is fully responsible and liable for your compliance with this Agreement and for your use of Carv Services.
If we need to contact you, we will use the contact details you have provided us.
Carv is not a medical device. Your actions while using our products are at your own discretion and risk. You should ask a medical professional before starting a new exercise routine, particularly if you have a heart condition or other medical condition.
Carv Online Store – Terms Of Sale
While we aim to keep our website up to date, we cannot guarantee that information made available on this site is accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that these images will be accurate.
On placing an order at www.getcarv.com, we will ask you to provide personal and payment information. We may conduct a fraud check in connection with the payment transaction. You will receive an order confirmation email from us, but this does not mean we have accepted your order. We may decide not to accept orders at our discretion. Once you place your order, we will allocate stock to your purchase, but no contract for sale will be binding until payment is received and the order is fulfilled and dispatched from our warehouse.
Prices on www.getcarv.com are shown in GBP, USD or AUD. Prices for our products are subject to change without notice. GBP pricing is shown inclusive of taxes (including VAT). USD and AUD pricing is shown exclusive of sales tax, which may be added at the checkout, once your delivery address is confirmed. If your delivery address is not in the UK, EU or USA, it may be necessary for you to pay import duties or sales taxes once a shipment reaches your country. These import duties and sales taxes are your responsibility.
We are not responsible for any additional charges applied by your card issuer or bank or payment method provider as a result of our processing of your payment. If your credit/debit card or payment method is not denominated in the currency of your purchase as shown on www.getcarv.com, the final price may be charged in a different currency from that of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider.
After an order has been made on www.getcarv.com, it may not be possible to alter it. If you would like to make a change to your order (e.g. change of address or size, or if it is no longer needed), please email email@example.com. If the order has not been dispatched, we will try to change it. Otherwise, please wait for delivery and return it to us as required in our Returns Policy, and place a new order if required.
Carv accepts pre-orders for items that are out of stock. Pre-orders will be dispatched once the items are in stock, on a first come first served basis. We cannot guarantee a dispatch date for any order. Orders with multiple units will be dispatched when all units for that order are in stock. You may cancel your pre-order up to the dispatch without giving any reason and receive a full refund. To do so, please contact us through firstname.lastname@example.org. After dispatch, please refer to our Returns Policy.
Once accepted, your order will be shipped to you from our warehouse. Shipping and delivery dates are estimates only and cannot be guaranteed. Your shipment will be sent via a recorded delivery service and we accept responsibility for damage to or loss of your order during shipment, except under the following two circumstances: a) You choose to change the service such that your order is left somewhere unattended or no longer requires a signature. In this instance, responsibility for the order passes to you at the moment the change to the service is made. This would NOT include changing your service for a new address or to a UPS Access Point or similar if a signature were still required; b) Your delivery address requires an unrecorded service, including but not limited PO boxes, military post boxes. In which case, responsibility for the order passes to you once the unit leaves the warehouse with the carrier. Once your order is delivered at the delivery address provided by you, it becomes your responsibility.
If you are not satisfied with your purchase from www.getcarv.com, please refer to our Returns Policy for more details.
Carv warrants the included hardware of all our products. Please refer to our Warranty Policy for more details.
Use At Your Own Risk
While we aim to provide useful and reliable information through our websites and applications, we cannot guarantee its accuracy and it is not meant to be of a standard of a medical or scientific measurement device.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information provided to you while using our products and services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OF ANY KIND THAT OUR PRODUCTS OR SERVICES 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.
OUR PRODUCTS AND SERVICES ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. What you do while using our products and services is at your own discretion and risk. If you have a heart condition or other medical condition, we suggest you ask a medical doctor before starting an exercise routine.
We do not assume and will not have any liability or responsibility to you or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Our products have built-in rechargeable batteries. Refrain from using our product if it appears that the battery is damaged or unusually hot. Do not attempt to remove any battery, do not charge it other than in accordance with our user guide, and do not dispose of it except in accordance with applicable law.
Registration; Collection And Use Of Your Information
While we do not commit to provide any particular functionality or to continue to provide updates, we also reserve the right to conduct maintenance or improvements on our applications or websites, during which times they may be temporarily unavailable. We reserve the right at any time to modify or discontinue Carv Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of Carv Services.
Right Of Use
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software and mobile applications accompanying our products and to use the software embedded in our products for your personal, non-commercial purposes.
You are not permitted to do or attempt to do (or help others to do or attempt to do) any of the following:
- use, display, mirror, or frame our websites or applications or any individual element within them, including the layout and design of any page, without our express written consent
- use the Carv logo, or any of our proprietary information without our consent
- access or tamper with non-public areas of our websites or applications or computer systems, or the technical delivery systems of our service providers
- test the vulnerability of our system or breach any security or authentication measures
- circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect our websites and applications
- access our websites or applications using any mechanisms other than those provided by us or
- modify, decompile, disassemble, reverse-engineer, or tamper with any software we make available to you or any other part our products or services.
The term of your license commences when you access or install our software or mobile applications and will continue in effect until terminated by you or us. You may terminate your license by deleting and ceasing to use our software and mobile applications. We may terminate the license at any time without notice if we cease to support the software or mobile applications, which we may do at our sole discretion. In addition, we may terminate your license immediately and automatically without any notice if you violate any of this Agreement.
If your Carv purchase came with Membership as part of the purchase, you are furthermore bound by the Membership Terms, which form part of these Terms of Service.
We may provide the functionality for you to share content, including but not limited to information about yourself, your use of our products, or related content such as photos, videos or data (all of it “Your Content”) with other users of our products via our websites or applications.
Your Content is your responsibility. You represent and warrant to us that:
- You own Your Content or you have all rights necessary to grant us a license to use it.
- Your Content, the use and sharing of Your Content on our websites and applications, and your use of our websites and applications will not: (i) infringe any other person’s intellectual property rights or rights of privacy; (ii) contravene, or encourage conduct that contravenes, any applicable law or regulation or give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) encourage discrimination, bigotry, racism, hatred, harassment, or harm against any person; (f) be violent or threatening or encourage actions that are violent or threatening to any person; or (g) encourage others to engage in illegal or harmful activities or substance abuse.
- You will not upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content.
- You will not use or attempt to use another user’s account without authorization, or impersonate any person or entity, nor will you harvest, solicit, or collect information of other users for any purpose, including but not limited to sending unsolicited communications.
- You will not post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake.
- You will not use our websites or applications in any way which is objectionable or restricts or inhibits any other person from using our products and services, or which may expose us or our users to harm or liability of any kind.
We reserve the right to alter, remove, or refuse to display any of Your Content, and to prohibit you from sharing Your Content via our websites and applications.
Other Legal Terms
Our products and services are protected under national and international intellectual property laws. We hereby claim all copyright in Carv Services.
Limitation Of Liability; Time For Making Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR CARV SERVICES, AND UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OCCASIONED BY YOUR USE OF, OR INABILITY TO USE, CARV SERVICES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Applicable Law, Arbitration Requirement, Jury Trial Waiver, And Class Action Waiver
This Agreement, the relationship between you and Carv and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of England & Wales, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England, and the language of the arbitration shall be English. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, Carv may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Carv through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO CARV SERVICES AND/OR THIS AGREEMENT, TO THE EXTENT NOT PROHIBITED OR LIMITED BY THE LAWS IN YOUR JURISDICTION: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
This Agreement constitutes an agreement between you and us. No other person acquires any rights as a result of your purchase and/or use of Carv Services.
If part of this Agreement is found to be invalid, the remaining provisions will remain in force.
We reserve the right to assign or otherwise transfer our rights and obligations under this Agreement.
Notwithstanding any other provision of this Agreement, Carv will not be liable for any delay in performing, or failure to perform, any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond Carv’s control. Any delay or failure of that kind will not be a breach of this Agreement by Carv, and the time for Carv’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
We reserve the right to modify this Agreement at any time without prior notice by posting the latest version of this Agreement on our website. Your continued use of Carv Services after a posted change in this Agreement will constitute your acceptance of any such changes. If you do not accept the changes, you should cease using Carv Services.
Except as provided in the above paragraph, this Agreement may only be amended or modified in writing (excluding email) signed by our authorised representative. Our not enforcing any of this Agreement does not waive any of our rights.
Our registered office address is:
Motion Metrics Ltd
410 China Works,
100 Black Prince Road,
London, SE1 7SJ,