Terms & Conditions - UK

Welcome to www.hyperice.uk (this "Site"). This Site is provided by Hyper Ice, Inc., trading as Hyperice. Hyperice uses innovative design and superior technology to provide greater protection and enhanced performance for people who are passionate about their sports.

  • 01 Your Acceptance of Conditions of Use

The following Terms of Use (these "Terms of Use") are the Terms of Use that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use or purchase products from this Site. Any products (or associated services) you order through the Site are supplied subject to our Online Terms of Supply.

  • 02 These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.
To alert you to these changes, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices on our home page for 30 days after the new effective date to alert you to the change. You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" on the bottom of each page of this Site.

These Terms of Use were last updated on 23 October 2020.

  • 03 What you are allowed to do

You may only use the Site in accordance with these Terms of Use. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

  • 04 What you are not allowed to do

Except to the extent expressly set out in these Terms of Use, you are not allowed to:

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;

 

  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 

 

  • create links to the Site from any other website, without our prior written consent , although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

 

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these Terms of Use will terminate immediately in the event that you are in breach of any of them.

  • 05 Ownership, Copyright, & Trademarks

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by Hyperice, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Hyperice owns the copyright in the selections, coordination, arrangement and enhancement of the content.
Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Hyperice. The use of any materials from this Site on any other website or networked computer environment is prohibited.
The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Hyperice or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Hyperice or the trademark owner. In particular, you may not use any Trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.

  • 06 Privacy Notice

Use of your personal information submitted to or via the Site is governed by our Online Privacy and Security Policy. To review our Online Privacy and Security Policy, click here.

  • 07 Your Comments, Product Reviews and Other Submissions

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Hyperice. Your submission of Comments will constitute an assignment to Hyperice of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

Whilst we do not pre-screen Comments, Hyperice will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Hyperice will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities. Comments must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable;
  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.
  • 08 Product Details

Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on this Site, your sole remedy will be to return it to us in accordance with our Returns Policy.

Colour. Colours are represented as realistically as possible, but colour variations of product images or colour swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colours. If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.

  • 09 Information on This Site Is Not Medical Advice

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.

  • 10 Your Account

If you are under 18 you may not purchase a product or sign up to be a member of our Site. You may use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our site for you.
You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. Additionally, you are responsible for restricting access to your computer and not using public computers to access your account. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or if any details you provide for the purposes of registering as a user prove to be false.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate.

  • 11 Liability

Nothing in these Terms of Use shall limit or exclude our liability to you

    • for death or personal injury caused by our negligence;
    • for fraudulent misrepresentation;
    • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
    • for any other liability that, by law, may not be limited or excluded.

This site is provided on an "as is," "as available" basis, without representations or warranties of any kind and at your sole risk.

If you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

  • 12 Links to Web Sites Operated by Third Parties

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

  • 13 Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

  • 14 Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Hyperice of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

  • 15 Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

  • 16 Governing Law and Jurisdiction

These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms and conditions or the Site will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. 

  • 17 Entire Agreement

These Terms of Use contains the entire understanding and agreement between your and Hyperice with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and Hyperice with respect to this Site.

  • 18 Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to: customersupport@hyperice.uk