Last Updated: 14 July 2014
Pact, Inc. (Pact) owns and operates the website http://www.pactapp.com (the Site). Pact 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 Veggie Pact Policy explains the terms and conditions pursuant to which Clients may incentivize their health and nutrition programs by establishing separate contracts (Veggie Pacts) with Pact. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps, Pacts and Service, which are available at http://www.pactapp.com/legal/tos.
Veggie Pact Promise. Client promises that he or she will fulfill his or her Veggie Pact, as more fully specified on the profile page summarizing the Veggie Pact (My Profile Page), which is displayed at the App (or Site, if applicable) when Client accepts the Veggie Pact. The data used to generate the My Profile Page will be uniquely identified and retained by Pact so that the My Profile Page can be automatically generated in the future. Veggie Pacts are specified on a weekly basis (Monday through Sunday) and renew automatically, week to week, except as otherwise provided in this Veggie Pact Policy or the Terms of Service. Clients may opt-out of their Veggie Pact or modify their Veggie Pact 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 Veggie Pact, those modifications apply only to the Veggie Pact and will not affect any other Pacts 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 Veggie Pact (a Failure). Client and Pact agree that it is a basic agreement of the parties in making the Veggie Pact that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the Veggie Pact as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH VEGGIE PACT, including, but not limited to, Client's efforts to satisfy the Veggie Pact and Client's ultimate success or Failure in achieving the Veggie Pact. 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 Veggie Pact or Client's efforts in connection with the Veggie Pact.
Users under the age of 18 years old are prohibited from creating Veggie Pacts. CLIENT REPRESENTS AND WARRANTS THAT HE OR SHE IS NOT UNDER THE AGE OF 18 YEARS OLD.
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 Pact pursuant to this Veggie Pact Policy. Client represents that the total of all Service Fees for all Pacts authorized by Client, in the aggregate, is less than 10% of Client's weekly income.
Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her Veggie Pact, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to Pact for any reason without Pact’s consent, then Pact reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of Pact's obligations under the Veggie Pact and this Veggie Pact Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to Pact at the time Client's account is suspended or terminated.
If Prepayment is not selected because that option is either not offered by Pact or not selected by Client, then Client hereby authorizes Pact 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 Pact. Client agrees that Service Fees are the sole and exclusive property of Pact and that Pact does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.
From time to time, Pact may, at its sole discretion, implement programs for issuing Rewards to Clients that successfully complete their Veggie Pacts. 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 Pact. Unless expressly provided otherwise at the My Profile Page (at the time the Veggie Pact is entered into), the Rewards program shall be as described in the then current Rewards Policy (which is available at http://www.pactapp.com/legal/rewards). Client hereby agrees that Pact’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.
Pact reserves the right to recover from any User the amount of Rewards credited or paid to such User where Pact has reason to believe such Rewards accrued in connection with certain violations of the Terms 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).
Term. . Each Veggie Pact shall terminate upon completion of the Veggie Pact, as identified in the My Profile Page. Until the end of that time period, the Veggie Pact renews automatically, week to week, except as otherwise provided herein or in the Terms of Service.
Cancellation. Client agrees that his or her Veggie Pact may not be cancelled except as set forth in this section. Please note that your Veggie Pact will not be cancelled simply by deleting the App from your mobile device.
The Veggie Pact may be suspended or cancelled by Client if and only if (i) Client edits the My Profile Page to “Take A Break” for a defined or undefined period of time, or (ii) Client completes the “Delete Account” process. Be advised that if you “Take A Break” or otherwise suspend or cancel your Veggie Pact, your other Pacts will not be affected and will remain active.
Client also agrees that Pact, upon notice to Client, may terminate any Veggie Pact that Pact, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client.
Veggie Pacts shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms of Service.
Refund Policy. Pact does not refund Service Fees for Veggie Pact Failures except when both of the following conditions exist: (1) Client suspends or cancels the Veggie Pact pursuant to the preceding section, and (2) after suspension or cancellation of the Veggie Pact becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her Veggie Pact. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to Pact. Pact 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 Pact. Pact reserves the right to modify this Refund Policy at its discretion (according to the change process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that Pact believes is abusing this policy.
If you have any questions or need to communicate with us regarding your Veggie Pact or this Veggie Pact Policy, please contact Pact using our members-only contact form at http://www.pactapp.com/contact/form or contact us at:
Pact, Inc. Attn: GymPact Customer Service 650 Alabama Street, Suite 202 San Francisco, CA 94110, USA