StepJockey Ltd and its affiliates ("StepJockey", "we" or "us") provide online services including but not limited to the StepJockey website (our "Site") and associated computer programs, algorithms and mobile applications (collectively, our "Services"). These Services are designed to enable and enhance the use of StepJockey's machine-readable signs and displays ("Smart Signs" or "Products") which label stairs and other elements of the built environment for energy expenditure or calorie burn.
1. About us
StepJockey is a private company whose mission is to label the built environment for calorie burn in order to enhance health and fight obesity. Our core services are available free to individuals but premium products and services may be charged for.
StepJockey Ltd is registered in England under company number 8579579 and our registered office is at 53 Queen's Drive, London, N4 2SZ.
You can read more about us here: About the StepJockey initiative
To contact us in the first instance go to: Contact
2. Use of our Site and Services
The terms "you", "your" and "user" refer to all individuals and entities that access our Services.
4. Requirements of use
StepJockey Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Please see "Precautions" (Clause 5) below for recommended precautions related to your use of our Services.
5. Acceptable use
part of our Services;
equipment or network on which our Services are stored;
software used in the provision of our Services; or
equipment or network or software owned or used by any third party.
Your contributions to our Services in the form of data and other information must:
be accurate; and
comply with applicable law in the UK and in any country from which they are posted.
Your contributions to our Services in the form of data and other information must not:
contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or any other right of any other person;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by StepJockey.
Content found on our Site and Services is for informational purposes only and is not a substitute for professional medical advice. We are not a medical care provider and have no expertise in diagnosing or treating medical conditions of any kind, or in determining the effect of any physical activity on a medical condition. Not all activities described on our Services are suitable for everyone. If you have a medical condition or are in any way worried about undertaking physical activity or exercise of any sort you should consult a physician before using a StepJockey calorie-tracking application or any other fitness programme. You should understand that when participating in physical activity there is the possibility of injury and/or death. If you feel discomfort or pain, immediately stop what you are doing and seek help. If you think you need urgent medical help, call your local emergency services. By using StepJockey Services, you represent that you have read and understood these important medical warnings. We are not responsible for any health problems that may result from using our Services. If you engage in any exercise program you receive or learn about through StepJockey you agree you do so voluntarily and at your own risk. Further, StepJockey only encourages responsible stair use. It is the responsibility of those using stairs to do so with full care and attention, holding hand rails, wearing appropriate footwear and travelling at normal walking pace and never running at all times.
7. User generated content and data
Subject to StepJockey's adherence with the privacy settings you select within our Services, you hereby grant to StepJockey a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, images or other data and information you submit to our Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. User Generated Content includes but is not limited to stair and walkway measurements and names. Subject to StepJockey's adherence to the privacy settings you select within our Site or Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude StepJockey's use of the User Generated Content or require your permission for StepJockey to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against StepJockey or its partners relating to StepJockey's or its partners' use of the User Generated Content in accordance with your privacy settings, and you hereby release StepJockey and its partners from any such claims. You represent that your User Generated Content and Data will fully comply with our "Acceptable use" (Clause 5) rules above.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login information or password. StepJockey cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party's fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the StepJockey account registration form is accurate and complete, and you agree to update your account information, as necessary, including providing StepJockey with your current email address, so that you may receive notifications and other account-related communications.
9. Intellectual Property
The contents of our Services and underlying technologies used in connection with the provision of StepJockey Services are protected by copyrights, trademarks database rights and other intellectual property rights which are owned by StepJockey and/or its partners. You acknowledge this and agree that no part of StepJockey's Services may be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of StepJockey, or any third party. You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by StepJockey.
10. User indemnification
11. Our Services; Limitation of Liability
StepJockey works hard to provide helpful and accurate information on our Site and Services but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made through them.
Further, our Site and Services are provided to you on an "as is" and "as available" basis. You agree that access to and use of our Site and Services, their functionality and the content and data therein is at your own risk. To the fullest extent permitted by law, our Site and Services and any individual person or party connected to them or involved in creating, producing or delivering them hereby exclude:
all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of our Services or websites and applications linked to our Services, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12. Written communication and notices
When using StepJockey Services, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us, including any complaints that you might have about StepJockey Services, must be given to StepJockey Ltd at 53 Queens Drive, London N4 2SZ or by email via Contact us. We may give notice to you at either the email address you provide to us when you create an account, or in any of the ways specified in the above paragraph.
15. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of our Site and Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
All StepJockey products and services are subject to availability and are made available at the sole discretion of StepJockey.
17. Law and jurisdiction
These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Terms specifically related to paid-for services
For users who purchase Smart Signs and other paid-for products and services the following additional terms and conditions apply:
18. Price and payment
Where StepJockey premium products ("Products") and other services are charged for, the overall price payable shall include local taxes and delivery charges which will be clearly set out before you submit your order.
StepJockey reserves the right to vary prices shown on the website without notice to you at any time before (but not after) you place an order.
Quotes are valid for 30 days. An invoice will be presented for payment at the point an order is placed. Invoices must be settled in full immediately. If payment is not made in accordance with this payment term, StepJockey reserves the right to levy a late payment charge of Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made.
The prices shown on this website are for UK customers only and include UK Value Added Tax (VAT) at the current rate.
19. Product delivery
We strive to deliver all StepJockey Products within 10 working days but larger orders can take longer and if this is the case we will contact you to advise you of the likely delivery date.
Failure to deliver by within 10 days or the estimated delivery date shall not constitute a breach of this Agreement and you shall not be entitled to rescind or repudiate the Agreement, in whole or in part, or claim damage for that failure.
20. Damaged goods
Risk of damage to or loss of StepJockey Products shall pass to you at the time of delivery or, if you fail to take delivery of the Products at that time, the time when StepJockey has tendered delivery of the Products.
StepJockey will not entertain a claim from you in respect of loss or damage to the Products in transit unless:
in the case of non-delivery, you give written notice to StepJockey within 21 days of the agreed delivery date;
in the case of damage in transit, you give written notice within 5 days of actual delivery;
in the case of goods transported by an independent freight carrier, you comply in all respects with the freight carrier's conditions of carriage for notifying claims for loss or damage in transit as notified to you by them; and
StepJockey has been given all reasonable opportunity to inspect the damaged Products.
StepJockey reserves the right to make good any damage or defects notified to it by repair or replacement at its sole discretion, providing any defects are limited to faulty materials or workmanship and not a result of, wilful damage, negligence, incorrect storage or fixing, improper use, nor by fair wear and tear.
You shall be deemed to have accepted the Products and it shall be conclusively agreed that the Products are in accordance with this Agreement unless, within 10 days of receipt of the Products and prior to their use or resale, you give written notice to StepJockey specifying any alleged defect in quality or in any other respect in which the Products are alleged not to be in accordance with this Agreement.
21. Product; Limitations of Liability
StepJockey makes every reasonable effort to ensure that all Products comply with the specification set out on the website at the time of delivery, but it is in all cases for you to ensure that the Products are fit and suitable for the purpose for which they are required.
If any Products prove to be defective, the liability of StepJockey shall for all purposes be limited to the cost of making good the defects or, at StepJockey's discretion, replacement of the Products. StepJockey will only consider crediting in part or in full in cases where it has been given a proper opportunity to make good any defects or to replace the Products and only where liability has been accepted by StepJockey in writing.
StepJockey reserves the right to make any changes in the specifications of the Products which are required to conform with any applicable statutory or EC requirements or which do not materially affect their quality or performance. StepJockey Limited shall not be liable for:
any defect in the Products arising from fair wear and tear, wilful damage, use by unauthorised or inexperienced personnel, negligence, failure to follow StepJockey's instructions (whether oral or in writing), misuse or alteration or repair of the Products without StepJockey's approval; or
any loss, damage, cost, expenses or other claims for compensation arising out of any breach by you of your obligations under this Agreement.
Existing signage becoming out-dated or obsolete as a result of changes being made by StepJockey Limited to its calorie calculation algorithms (see clause 22)
Subject as expressly provided in this Agreement, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
StepJockey reserves the right to update and make changes to the algorithms it uses to calculate calorie expenditure for stairs and other features of the physical environment at any time and without notice. Physical StepJockey signs printed or purchased ahead of such changes will not reflect these updates and StepJockey shall not be liable for updating them. For the avoidance of doubt, StepJockey will not be liable for any loss arising from the modification, suspension or discontinuation of its calorie calculation algorithms.
23. Subscription services
Some Services (such as Wellness Accounts and Challenges) are offered on a subscription basis.
Subscription to such Services may be available for varying commitment periods (for example, 4 weeks, 3 months or one year) and you may have a choice of paying an up-front fee or to pay monthly or on an annual basis as stated on our Site. Additionally, we may offer promotional subscription Services, which offer a one off up-front payment fee. Monthly subscription may be available with a twelve-month commitment or with no commitment. Payment for the Services will be made via our Site in accordance with the procedure and pricing explained on the website.
If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card via our payment provider until we or you cancel your subscription on at least 28 days' notice by contacting us at admin@stepjockey,com
If you choose a subscription with a fixed commitment period then, whether it is pay-monthly or pay up-front, at the end of that period your subscription will automatically convert into a pay-monthly subscription (at the same rate band at which you were paying during the fixed commitment period). This can be cancelled by us or you on 28 days notice (by contacting us at email@example.com). Where such notice is given 28 days or more prior to the end of the fixed commitment period, the subscription will end upon expiry of that period.
StepJockey will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any Services, including your subscription, in the event of problems with the debit/credit card.
Subject to our termination terms set out in clause 24 and your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable. Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in StepJockey deducting the balance of payments due immediately.
If your subscription begins with a promotional period, you will be automatically charged for the subscription rates to which you agreed on expiry of that promotional period unless you email us at firstname.lastname@example.org
Any corporate or group rates are only available to employees/members of the specified organisation or group (or other parties such as contract staff and/or friends or family if the offer is specifically extended to such parties).
Either party may terminate this Agreement at any time on 30 days prior written notice to the other.
Either party may terminate this Agreement at any time if the other party commits a material breach of this Agreement, and where capable of remedy, fails to remedy that breach within 30 days of a written notice specifying that breach and requiring its remedy. StepJockey may terminate this Agreement immediately if:
- you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed, over any of your property or assets; or
you cease, or threaten to cease to carry on business; or
StepJockey reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly.
No order which has been accepted by StepJockey may be cancelled by you except with the agreement in writing of StepJockey and on terms that you shall indemnify StepJockey in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by StepJockey as a result of that cancellation.
26. Loyalty schemes
Where you are a participant in a challenge or rewards programme operated by one of our partners, the operation of that scheme or programme, and the award and redemption of rewards, will be solely the responsibility of that partner, and not StepJockey. Any questions or complaints that you may have about that scheme or programme, including your participation in it, should be directed to the relevant partner, and not StepJockey.