Terms & Conditions

FitnessGiving.com (the “Platform”) is owned and operated by Wizewerx Ltd, a company registered in England and Wales with company number 06003824, registered office at 124 City Road, London, England, EC1V 2NX (“we”, “us” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by these Terms.

1.What FitnessGiving does

FitnessGiving helps companies engage their employees through support for health and wellbeing, and empowers those employees to give to the charities they care about. Companies (“Sponsors”) fund campaigns from their charity budget; employees (“Sweaters”) connect a fitness provider, earn rewards from that budget through tracked activity, and donate those rewards to registered charities of their choice.

2.Accounts and user types

There are two types of user on the Platform:

• Sponsors: companies that hold a recurring subscription giving access to the Platform and the support of an account manager, and that fund campaigns.
• Sweaters: individuals (typically a Sponsor’s employees) who connect a fitness provider, earn rewards through activity, and direct those rewards as donations.

3.Rewards, wallets and donations

Rewards earned by Sweaters are held in a personal giving wallet. These funds are restricted charitable funds: they are provided from the Sponsor’s campaign budget, remain the property of the Sponsor until donated, and may only be used to donate to registered charities via the Platform.

4.Activity data and validity

Activity data is only valid where it is automatically synced from a supported fitness provider (currently Strava). We reserve the right to remove or invalidate any data that is not synced automatically, or that we reasonably believe to be inaccurate, manipulated or fraudulent.

5.Data accuracy disclaimer

We are not responsible for the accuracy of the data we receive from fitness providers. The Platform is provided to enable easy donations to charity — it is not intended to provide health, fitness or medical advice.

6.Fees and subscriptions

Sponsors hold a recurring subscription that permits access to the Platform and the support of an account manager. In addition, a campaign fee is applied, calculated as a percentage of the total amount disbursed to charities as a result of a campaign. This fee is currently 5% of the disbursed amount (for example, if a campaign is funded with £1,000 but only £500 is earned by Sweaters during the campaign, we charge 5% of £500, i.e. £25). Subscription fees and campaign fees are subject to UK VAT.

7.Account termination

Either type of account may be terminated at any time, subject to the following:

• Sponsors: a Sponsor’s account is closed at the end of the current subscription period, allowing pending donations to be paid. Where a Sponsor cancels an active or previous campaign that has not had all its monies donated, the Sponsor may either cancel immediately — voiding all unearned and undonated rewards — or leave them in place to be donated. In all cases, donations already paid out to charities cannot be refunded or reimbursed.
• Sweaters: Sweaters are not subscribers and may terminate their account at any time. Any rewards held in their wallet at termination are returned to the Sponsor account(s) that originally funded them.

8.Intellectual property

All user-generated content (for example, company logos and campaign descriptions) belongs to the user who provided it. All other content on the Platform is the exclusive intellectual property of Wizewerx Ltd.

9.Limitation of liability

To the fullest extent permitted by applicable law, Wizewerx Ltd shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (a) your access to, use of, or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; or (d) unauthorised access, use or alteration of your transmissions or content — even if Wizewerx Ltd has been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

10.Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

11.Changes to these Terms

We may update these Terms from time to time. We will notify you of any material changes. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

12.Contact us