Terms of Service

Effective date: 02 October 2017

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS OF SERVICE”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND TEAM TURQUOISE, LTD. (“DOPPEL”, “WE”, “US” AND “OUR”) THE OWNER AND OPERATOR OF THE WWW.FEELDOPPEL.COM WEBSITE (“OUR WEBSITE” OR “WEBSITE”) AND WELL AS OUR SOFTWARE APPLICATIONS, INCLUDING THE APPLICATION ENTITLED “DOPPEL - SET YOUR PACE" (OUR “MOBILE APPLICATIONS” OR “APP”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR WEBSITE, YOUR PURCHASE OF GOODS OR SERVICES RELATED TO THE DOPPEL WEARABLE DEVICE (THE "DEVICE" OR “PRODUCT”), YOUR USE OF ALL SERVICES, FEATURES, AND RESOURCES AVAILABLE OR ENABLED VIA OUR WEBSITE AND/OR APP (COLLECTIVELY, THE “SERVICES”). BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR USING THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES RELATED TO THE PRODUCT. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

1. Changes to Terms of Service

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right at our sole discretion, to update, change or replace any part of this Agreement by posting updates and/or changes to our Website or App It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website, App, or the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

2. Personal information

By using any Services and/or purchasing Products you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at https://feeldoppel.com/pages/privacy) Irrespective of which country you reside in or supply information from, you authorize doppel to use your information in the United Kingdom and any other country where doppel operates, as described herein. Accordingly, please be sure to read our Privacy Policy before purchasing Products or using the Services or submitting information to us.

3. Contacting us

If you wish to contact us for any reason, including because you have any complaints, please contact us by email at info@feeldoppel.com.

Any notice or other communication given by you to us, or by us to you, shall be in writing and shall be delivered personally via email.

In the event that we need to contact you or give you notice in writing, we will do so by email to the address you provide to us in your order.

4. Terms of Sale

By agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.

You may not use our Products or Services for any illegal or unauthorised purpose nor may you, in the use of the Product or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms of this Agreement will result in an immediate termination of your Services.

5. Order, acceptance and payment

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please be aware that Third Party Sales Locations such as Shopify may be governed by additional terms of use agreements. You should read the Terms of Use agreements applicable to such Third Party Sales Locations.

6. Modification to the Services and prices

Pricing for Products (including any applicable shipping and handling fees) can be found on doppel’s then-current pricing page located on our Website at: https://feeldoppel.com/products/doppel.The price of each Product will be as stated on our Website and App at the time the order is submitted. Prices shown on our Website and App are in British Pounds Sterling (GBP), or US Dollars (USD). Prices are inclusive of VAT (Value Added Tax) at the applicable rate, unless you have selected an alternative country where VAT is not chargeable.

Prices for our Products are subject to change without notice and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

7. Right of refund or return

If you are a consumer, you have a legal right to cancel a Contract during the period set out below. You can notify us of your decision by contacting us via email at info@feeldoppel.com

Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed.

Your deadline for cancelling the Contract and claiming a full refund or return the Product is the date 60 days after the day on which you receive the Product, providing that the Product is not damaged in any way.

Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if this has been caused by unreasonable handling. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unreasonable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible and we will issue refunds to the credit card or debit card used by you to pay.

If you have returned the Products to us because they are faulty, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.

For details on how to return your Product or Products to us please see our Support pages here.

If you would like to exchange your Product for another Product up to or of the same value please email us info@feeldoppel.com. Please include the order confirmation relating to your current Product and submit the details of the new Product you would like to exchange it for. Whether or not your request will be fulfilled is subject to availability.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Before your order can be finalised, we must receive cleared funds or confirmation of the authorisation of the payment.

Once payment has been received, we will confirm our acceptance by sending you an email to your email address previously provided (Order Confirmation). A legally-binding contract (Contract) between us under which we will sell Product(s) to you will only be formed when we send you the Order Confirmation.

If we are unable to supply you with a Product, for example because that Product is not in stock or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount charged as soon as possible.

8. Shipping policy

All shipments are sent via the Royal Mail or a suitable third-party carrier. The risk of loss and title for all Products purchased via our Website pass to the Customer upon delivery of the item to the carrier.

9. Products or Services

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on our Website is void where prohibited.

10. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11. Accuracy, completeness and timeliness of information

Our Website is furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. We are not responsible if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Website is at your own risk.

Our Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Site.

12. User comments, feedback and other submissions

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13. Prohibited uses

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Website, App, and related Services:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

doppel reserves the right, in its sole discretion, remove inappropriate content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to inappropriate content or use of our Website, App or related Services that doppel reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

14. Disclaimers

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. All Services delivered to you (except as expressly stated below regarding the Device) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

15. Limited Device Warranty

Subject to the following provisions of this section, we provide a limited warranty that on delivery and for a period of twelve months from delivery, the doppel Device shall be free from material defects.

The limited warranty is given by us subject to the following condition: we are not under liability to you for any loss, damage, costs, expenses or other claims in respect of:

any defect arizing from fair wear and tear;
any defect arizing from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
failure to operate the Products in accordance with the Product Guide;
misuse or alteration of the Products without our approval;
any alteration or repair by you or a third party who is not one of our authorized repairers.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, 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.

Products not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.

16. Limitation of liability

You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall doppel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any economic loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar economic damages, whether based in contract, tort (including but not limited to negligence), or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE, APPS, AND SERVICES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY THE DEVICE.

17. Indemnification

You shall defend, indemnify, and save harmless the Doppel Parties from any and all claims, actions, damages, losses, liabilities, costs, expenses, including without limitation attorney’s fees and litigation costs and expenses, incurred by doppel as a direct or indirect result of any breach by you of this Agreement, or arising out of or in connection with your willful misconduct, negligent or fraudulent use of the Website and related Mobile Applications, or any other website you enter via a link from the Website and related Mobile Applications, or out of use of or reliance upon the inspection report, to the fullest extent allowed by law. Doppel may, in its sole discretion, defend, compromise, or settle any such or claim or action and you shall be bound thereby. Nothing herein shall be deemed or construed to constitute a limitation or waiver of any other rights and remedies available under this Agreement, or law, or regulation to Doppel or the other parties indemnified under this section.

18. Arbitration agreement and dispute resolution

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Doppel and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at info@feeldoppel.com or doppel, Attn: Customer Service, doppel, Somerset House, Strand, London, WC2R 1LA, United Kingdom. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, these terms govern dispute resolution between us.

B. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by doppel that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and doppel, and to any of doppel's licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.

C. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and doppel, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and doppel.

E. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and doppel in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DOPPEL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

F. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in the State of Delaware.

G. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: doppel, Somerset House, Strand, London, WC2R 1LA, United Kingdom within 30 days of using our Services. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to these terms. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

I. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with doppel.

J. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if doppel makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the doppel.

K. Jurisdiction. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the State of Delaware for such purpose.

L. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

Jurisdiction and Applicable Law for Non-U.S. Customers: The arbitration, jurisdiction, and choice of law provisions provided in these Terms do not apply to customers outside the United States. For customers outside the United States, the English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms of Service, except that doppel retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. For controversies arising outside of the United States, these Terms of Use shall be governed by English law.

19. General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please see our Privacy Policy for further information regarding the processing of the information.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

20. Severability

The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

21. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms.These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

22. Contact information

Questions about the Terms of Service should be sent to us at info@feeldoppel.com