ACTIVITY-CHALLENGE POLICY

Activity-Challenge owns and operates the website http://www.Activity-challenge.com (the Site). Activity-Challenge also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User-generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.

The following Activity-Challenge Policy explains the terms and conditions pursuant to which Clients may incentivize their Activity Challenge by establishing separate contracts (Activity-Challenges) with Activity-Challenge. Capitalized terms used herein without definition will have the same meanings as defined in the Terms and Conditions of Service applicable to the Site, Apps, Challenges and Service, which are available at http://www.Activity-challenge.com.

1. Activity-Challenges

Promise: Client promises that he or she will fulfill his or her Activity-Challenge, as more fully specified on the profile page summarizing the Activity-Challenge (My Profile Page), which is displayed at the App (or Site, if applicable) when Client accepts the Activity-Challenge. The data used to generate the My Profile Page will be uniquely identified and retained by Activity-Challenge so that the My Profile Page can be automatically generated in the future. Activity-Challenges are specified on a daily, weekly basis (Monday through Sunday) and on time scheduled basis which renew automatically, day to day or week to week, except as otherwise provided in the Activity-Challenge Policy or the Terms and Conditions of Service. Clients may opt-out of their Activity-Challenge or modify their Activity-Challenge commitments for the following week at any time prior to midnight (local time zone) Sunday of the prior week. If a Client makes any modifications to his or her specific Activity-Challenge, those modifications apply only to the specific Activity-Challenge and will not affect any other ongoing Challenges the Client might have.

Risk of Failure: Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the Activity-Challenge (a Failure). Client and Activity-Challenge agree that it is a basic agreement of the parties in making the Activity-Challenge that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the Activity-Challenge as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH Activity-Challenges, including, but not limited to, Client's efforts to satisfy the Activity-Challenge and Client's ultimate success or Failure in achieving the Activity-Challenge. In addition, Client understands that Client is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the Activity-Challenge or Client's efforts in connection with the Activity-Challenge.

Acceptable Excuses: Notwithstanding the above, Client will be exempt from his or her commitments under a Activity-Challenge for any particular week when:

  • His/Her doctor sends a signed digital medical note to Activity-Challenge, which indicates the period for which the Client is not able to satisfy the requirements in fulfilling the challenge. This medical excuse needs to be a specific period of time and not an open-ended exemption. If the person attends to synchronize his Activity-data or takes part in completing Activity-Challenge using a smartphone / tracking band / smart watch during the period specified by the doctor, the exemption is immediately terminated. If the period spans 2* or more days into the next week, the Client will also be exempt from that of the next week.
  • In case of natural disaster conditions declared by government officials. If the person attends to synchronize his Activity-data with Activity-Challenge using a smartphone / tracking band / smart watch during the specified disaster conditions, the exemption is immediately terminated.

As used above, 2 days applies only to Clients with a 5 day (or more) commitment. For Clients with a 4 day (or less) commitment, just 1 day in any of these conditions would qualify for exemption.

2. NO MINORS

Users under the age of 18 years old are prohibited from creating Activity-Challenges and CLIENT REPRESENTS AND WARRANTS THAT CLIENT IS NOT UNDER THE AGE OF 18 YEARS OLD.

3. ACTIVITY-CHALLENGE SERVICE FEES

Service Fees: Client understands that, as described in the My Profile Page, Client has elected an amount of money (Service Fees) that the Client is obligated to pay in each weekly reporting period in the event of Failure and such Service Fees are governed by this section. Client acknowledges and agrees that Client is not entitled to any interest on any Service Fees paid to or held by Activity-Challenge pursuant to this Activity-Challenge Policy. Client represents that the total of all Service Fees for all Challenges authorized by Client, in the aggregate, is less than 10 % of Client's weekly income.

Payment and Billing: Client agrees to provide Activity-Challenge (and/or its payment processor) with certain information as may be necessary to validate his or her Authorized Payment Method (such as, for example, Client's full name, address, mobile telephone number, and credit card, Wallet or validated PayPal account information). Client agrees to update such information so that it is always accurate, complete and current. Activity-Challenge will use commercially reasonable efforts to maintain such information in secure, encrypted form and in accordance with any applicable laws and with Activity-Challenge’s Privacy Policy (which is available at http://www.Activity-challenge.com).

Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her Activity-Challenge, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to Activity-Challenge for any reason without Activity-Challenge’s consent, then Activity-Challenge reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of Activity-Challenge's obligations under the Activity-Challenge and this Activity-Challenge Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to Activity-Challenge at the time Client's account is suspended or terminated.

If Prepayment is not selected because that option is either not offered by Activity-Challenge or not selected by Client, then Client hereby authorizes Activity-Challenge to charge Client's Authorized Payment Method only upon Failure; such charge shall equal the Service Fees for that weekly reporting period. Client understands that such a charge could occur in each and every weekly reporting period during the term of the Activity-Challenge. Client agrees that Service Fees are the sole and exclusive property of Activity-Challenge and that Activity-Challenge does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.

4. REWARDS

From time to time, Activity-Challenge may, at its sole discretion, implement programs for issuing Rewards to Clients that successfully complete their Challenges. The eligibility and success criteria for receiving any Reward, the amount and form of the Reward and the manner in which any Reward is issued to Clients shall be established by Activity-Challenge. Unless expressly provided otherwise at the My Profile Page (at the time the Activity-Challenge is entered into), the Rewards program shall be as described in the then current Rewards Policy (which is available at http://www.Activity-challenge.com). Client hereby agrees that Activity-Challenge’s reasonable determination of whether Client is eligible for any Rewards, and whether Client has satisfied the requisite success criteria, shall be final and binding.

Activity-Challenge reserves the right to recover from any User the amount of Rewards credited or paid to such User where Activity-Challenge has reason to believe such Rewards accrued in connection with certain violations of the Terms and Conditions of Service, as further described therein (including without limitation, by deducting the amount of such Rewards from User’s account balance, by charging the amount of such Rewards to his or her Authorized Payment Method or by initiating legal action against User).

5. TERM AND TERMINATION

Term: Each Activity-Challenge shall terminate upon completion of the Activity-Challenge, as identified in the My Profile Page. Until the end of that time period, the Activity-Challenge renews automatically, day to day, week to week, on specified time basis except as otherwise provided herein or in the Terms and Conditions of Service.

Cancellation: Client agrees that his or her Activity-Challenge may not be cancelled except as set forth in this section. Please note that your Activity-Challenge will not be cancelled simply by deleting the App from your mobile device.

The Activity-Challenge may be suspended or cancelled by Client if and only if (i) Client edits the My Profile Page to “Take A Break (Pause)” for a defined or undefined period of time, or (ii) Client completes the “Delete Account (Deactivation / Cancellation)” process, or (iii) a licensed physician emails a completed and signed copy of Activity-Challenge’s Medical Excuse Form to Activity-Challenge customer service. After Activity-Challenge contacts the physician or otherwise verifies that Client's Medical Excuse Form is genuine, all remaining obligations of the parties under this Activity-Challenge Policy will terminate immediately. Be advised that if you “Take A Break (Pause)” or otherwise suspend or cancel your single specific Activity-Challenge, your other Challenges will not be affected and will remain active.Client also agrees that Activity-Challenge, upon notice to Client, may terminate any Challenge that Activity-Challenge, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client. Activity-Challenges shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms and Conditions of Service.

Refund Policy: Activity-Challenge does not refund Service Fees for Activity-Challenges Failures except when both of the following conditions exist: (1) Client suspends or cancels the Activity-Challenge pursuant to preceding section, and (2) after suspension or cancellation of the Activity-Challenge becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her Activity-Challenge. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to Activity-Challenge. Activity-Challenge will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by Client to Activity-Challenge. Activity-Challenge reserves the right to modify this Refund Policy at its discretion (according to the change process described in the Terms and Conditions of Service), but may suspend or cancel the refund right at any time against any Client that Activity-Challenge believes is abusing this policy.

6. CONTACT

If you have any questions or need to communicate with us regarding your Activity-Challenge or this Activity-Challenge Policy, please contact Activity-Challenge using our members-only contact form at http://www.Activity-challenge.com or contact us at: Activity-Challenge, India.