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Terms of SALE

LAST UPDATED: 9/8/2021

WHOOP TERMS OF SALE

PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING PRODUCTS OR A MEMBERSHIP (EACH AS DEFINED BELOW) OFFERED BY WHOOP, INC. (“US”, “WE”, “OUR”, OR “WHOOP”). THESE TERMS OF SALE, TOGETHER WITH OUR TERMS OF USE, WHERE APPLICABLE, SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PURCHASE AND USE OF THE WHOOP PRODUCTS, WHICH INCLUDE BUT ARE NOT LIMITED TO THE WHOOP STRAP (AS DEFINED BELOW), MEMBERSHIPS, AND ANY OTHER PERIPHERALS, ACCESSORIES, APPAREL, OR ANY PRODUCTS OFFERED BY A WHOOP AUTHORISED PARTNER (AS DEFINED BELOW) THAT YOU PURCHASE FROM OUR ONLINE STORE (THE “STORE”) (COLLECTIVELY, THE “PRODUCTS” OR THE “WHOOP PRODUCTS”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT THE PRODUCTS YOU PURCHASE AND ANY CHARGES AND AMOUNTS THAT WE BILL YOU.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE THE PRODUCTS. “YOU” AND “YOUR” REFER TO THE PERSON PURCHASING A PRODUCT OR IF YOU PURCHASE A PRODUCT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANISATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDE YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORISED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS OF SALE, AND (III) YOU AGREE TO THESE TERMS OF SALE ON THE ENTITY’S BEHALF.

BY PLACING AN ORDER FOR A PRODUCT, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale. If your order includes a Membership, our Terms of Use are hereby incorporated into these Terms of Sale by reference. If you do not accept these Terms of Sale, then you are not authorised to purchase Products from the Store.

We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase from the Store. Every time you order Products, the Terms of Sale in force at that time will apply between you and WHOOP. If you have any questions regarding these Terms of Sale, you can contact WHOOP at support@whoop.com. In these Terms of Sale, any words following the term “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

While all of these Terms of Sale are important, you should pay particular attention to: (a) payment obligations (Section 5); (b) disclaimers (Section 10); and (c) limitation of liability (Section 12).

 

1. Introduction

Some of our Products, such as the WHOOP Strap (the “WHOOP Strap”), are included with subscription services provided by WHOOP (the “Membership”) in conjunction with the WHOOP Strap and which allow the user to track, manage and share wellness-related information collected by the WHOOP Strap. To make use of the Membership, a user must create an account (“Account”), as described in our Terms of Use. If you are the user of a Product for which agreement to the Terms of Use is necessary in order to use the Product, please be sure to review our Terms of Use for specific terms regarding your Membership and the related services. If you are purchasing a gift for which agreement to the Terms of Use is necessary in order to use a Product, the recipient of the gift will be required to review and agree to our Terms of Use before being permitted to use Product or the applicable Membership and related services.

Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products, you choose to do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store, the Products, and any related services are not designed for use in all countries and some or all of the features of the Store, Products, and any related services may not work or be appropriate for use in all countries.

 

2. WHOOP Authorised Partners

WHOOP may collaborate with certain brands (collectively, the “WHOOP Authorised Partners”) to offer the capability to integrate certain WHOOP Products into certain other products offered by the WHOOP Authorised Partners. We will identify the WHOOP Authorised Partners and any products associated therewith in the Store.

 

3. Availability

All Products offered on the Store are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.

To the extent permitted under applicable laws, we make no representations, warranties or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We use reasonable endeavours to accurately display the attributes of Products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

 

4. Pricing

Prices are stated in the applicable currency based on your selected location. Your total price for Products will include the price of the Products in your order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.

 

5. Payment

Terms. Any payment terms presented to you in the process of purchasing your Products are deemed part of these Terms of Sale and are incorporated herein by reference. For all orders, WHOOP calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by WHOOP, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account at https://app.whoop.com and editing your payment information.

Billing. We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout or linked to your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Sale. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorise us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.

 

6. Resale and Title Transfer

Purchases made on the Store are intended for end users only and are not authorised for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by WHOOP to the freight carrier, but WHOOP and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.

 

7. Shipping and Delivery

Our delivery charges and methods are as described on the Store website. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

 

8. Returns for Refund

Our Return Policy for WHOOP Straps. For the return policy for WHOOP Straps and Battery Packs initially shipped with the applicable WHOOP Straps, see the Terms of Use.

Our Return Policy for other Products. WHOOP accepts all unworn apparel and accessory returns within thirty (30) days of delivery, unless marked as final sale (i.e., Boxers, WHOOP Your Way). Non-WHOOP Pro members must cover the cost of shipping to return the applicable Product. To initiate a return, please visit support.whoop.com and submit a request. WHOOP reserves the right to reject the return if the product is worn or used. In this case, the member will not receive a refund.

Exchange Policy. Members can exchange purchases of apparel and accessories for free. WHOOP accepts all unworn apparel and accessory exchanges within thirty (30) days of delivery, unless marked as final sale (i.e., Boxers, WHOOP Your Way). To initiate a return, please visit support.whoop.com and submit a request. WHOOP reserves the right to reject the return if the product is worn or used. In this case, the member will be charged for the exchanged product.

The foregoing return and exchange policies are in addition to (and not in place of) your consumer cancellation right that enables you to cancel all or part of order and receive a refund of the price you paid and our standard shipping charge payable for that order within fourteen (14) days after the date on which you or a third party named by you, excluding freight carriers, takes possession of all of the Products in that order. If you wish to exercise this right, you must notify us using the details provided in Section 24. If you cancel an order pursuant to your statutory rights, you must return the relevant Products to us within fourteen (14) days in order to receive the refund described above. You are responsible for your costs of returning Products to us when exercising this right.

 

9. Compatibility

Products sold through the Store and by WHOOP Authorised Partners are the only items compatible with the Products, including but not limited to the WHOOP Strap. You agree that lack of compatibility does not constitute a defect giving rise to a claim under our Limited Warranties described below or as found in our Terms of Use. Furthermore, you will be solely responsible for damage resulting to your Product, and any other peripherals, accessories, or apparel used in conjunction with the Product, due to your use of any product or service that is not compatible with the Product.

 

10. Warranties and Disclaimers

As a consumer, you have certain rights under law and nothing in these Terms of Sale can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods.

EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STORE, AND ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE STORE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

You use any and all Products at your own discretion and risk. You will be solely responsible for (and WHOOP disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product.

Limited Warranty: WHOOP Strap. For the limited warranty for WHOOP Straps and Battery Packs initially shipped with the applicable WHOOP Straps, see the Terms of Use.

 

11. Upgrade Policy

Payment of a one-time-fee to upgrade or replace your WHOOP Strap will not change the terms of your Membership and any related services.

If an upgraded or replacement WHOOP Strap is provided to you as part of a Membership renewal offer then the new Membership period will begin immediately upon purchase and remaining days in your current Membership, if any, will be appended to your account.

 

12. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In some jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms of Sale may not apply in whole or in part. We do not seek to exclude or limit our liability for death or personal injury caused by our negligence, or for any other liability that cannot be excluded of restricted by applicable law.

 

13. Data Protection

By placing an order for Products, you agree and understand that WHOOP may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. WHOOP will process your information in accordance with our Privacy Policy. WHOOP works with other companies that help WHOOP provide Products to you, such as freight carriers and credit card processing companies, and you direct WHOOP to share certain information with these companies for this purpose.

 

14. Electronic Communications

You are communicating with WHOOP electronically when you use the Store, use our mobile application, or send an email to WHOOP. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order through the Store, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails.

 

15. Notifications

WHOOP may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the WHOOP website. WHOOP is not responsible for any automatic filtering you or your network provider may apply to email notifications. WHOOP recommends that you add @whoop.com URLs to your email address book to help ensure you receive email notifications from WHOOP. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.

 

16. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

17. Protection of Confidentiality and Intellectual Property Rights

Notwithstanding anything contained herein, WHOOP may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

 

18. Assignment

These Terms of Sale, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction provided such assignment does not affect your rights under these Terms of Sale. These Terms of Sale will inure to the benefit of our successors and permitted assigns.

 

19. Severability

If any provision of these Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect.

 

20. Survivability

The obligations in Sections 10 through 24 and any other Sections that, by their nature, should survive termination, will survive any expiration or termination of these Terms of Sale.

 

21. Non-Waiver

Failure by us to act on or enforce any provision of these Terms of Sale shall not be construed as a waiver of that provision or any other provision in these Terms of Sale. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

 

22. Export Controls

You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

 

23. Governing Law and Jurisdiction

These Terms of Sale and any disputes arising out of or in connection with them (including non-contractual disputes) are governed by English law and you can bring legal proceedings in relation to the Products or these Terms of Sale in the English courts. If you live outside of England, both you and WHOOP can bring legal proceedings in respect of the Products or these Terms of Sale in either your local courts or the English courts.

 

24. Contact

If you have any questions regarding the Products or these Terms of Sale, please contact WHOOP via e-mail at support@whoop.com or call (844) 490-1593. Our mailing address is WHOOP, Inc., 1325 Boylston Street, Suite 401, Boston, MA 02215.

 

25. Additional Terms

Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.