HH Prevent App Terms Of Use

Version 2 – Last updated 10 June 2019

Introduction

Definitions

About the Score App

HH Services

HH Profile

Your personal data

Wellness Information

Third party products and links

Intellectual property rights

Use of the App and Services

Closing your HH Profile

Important disclaimers

Limitation of liability

Making complaints

Other important terms

1. Introduction

1.1 The HealthyHealth mobile software application (the “App”) is provided to you by HEALTHYHEALTH-UK LTD (“HH”, “our”, “we” or “us”).  Please read these terms of Use carefully as they set out the basis on which you are allowed to use the App and the services offered by us, as described below (the ”Services”).

1.2 By clicking “I agree” to the Terms of Use when using the App or Services and/or continuing to use any part of the App or Services, you confirm your acceptance of these Terms of Use (which also includes our Privacy Policy and any other terms that we may make available from time to time).  If you have any questions about these Terms of Use, please contact us at  support-@healthyhealth.uk.

1.3 The App and Services are not directed at any person in any jurisdiction where the publication or availability of them are prohibited.  You must not access the App or Services from any such jurisdiction.  You are responsible for all compliance with local laws and regulations which apply to you.

1.4 HEALTHYHEALTH-UK LTD is a company registered in England and Wales with company registration number 10964467. Our registered office is at No. 1 Poultry, London, England, EC2R 8EJ. You can contact us by emailing us at sup-port@healthyhealth.uk.

2. Definitions

"HH Profile” means your profile with HH, containing records of the Collected data the App has received and the recommendations which the App has provided to you.“Services” means the HH services, which are described in section 4.

“Terms of Use” means these terms of use.“Collected Data” means all data about an individual user provided voluntarily by the user or any third party, such as wearable device(s)or tracking software(s), and which is collected in the App with the aim to contribute to the Services.

3. About the App

3.1 The App allows you to create a personalised HH profile which incorporates your Collected data.

3.2 From time to time the App will provide you with customised recommendations aimed at improving your wellbeing using your Collected data.

4. HH Services

4.1 HH provides the following Services:

(a) making the App available for download through various online channels (including the App Store and Google Play); 
(b) updating your HH profile thanks to new Collected Data with the App;
(c) the ability for you to create, maintain and amend your HH Profile through the App; 
(c) access to wellbeing information and recommendations to improve your wellbeing through the App; and

(d) where you have opted-in to receive email communications from us, HH will send you newsletters via email and within the App.

4.2 You must be aged 18 years or over to use the App and the Services.

4.3 Sometimes the App may request additional permissions related to the settings on your mobile or wearable device, such as accessing your location or enabling push notifications to enable certain features.  If you decide not to give us such permissions, this may result in you not having access to certain features of the App or Services.

4.4 We may, from time to time, extend or amend the functionality of the App and/or the Services, and offer additional functionality or other services to you.  These additional functions may include any software maintenance, amendments and/or upgrades to existing features.  These Terms of Use will apply to any additional services unless we provide you with specific terms and conditions when we make the other service functionality available to you.

5. HH Profile

5.1 You will be given the option to create a HH Profile once you have downloaded the App and agreed to these Terms of Use. 


5.2 To create a HH Profile you must provide us with your name and email address and a username. You must also give us permission to sync the App with your Collected data. 


5.3 If you do not give us permission to sync the App with any Collected data, we will not be able to provide you with wellbeing information or recommendations.

6. Your personal data

6.1 In order to provide the App and Services, we must collect, process and store certain data, including some of your personal data and the Collected data.

6.2 We are committed to protecting and respecting your privacy.  The collection, processing and storage of your data shall be carried out in accordance with and governed by these Terms of Use and our Privacy Policy.  Please see our Privacy Policy  {www.healthyhealth.uk/data-privacy-policy} for more information about the data we collect from you and how we use it.

7. Wellness information

7.1 The aim of the App and our Services is to provide helpful information to individuals in relation to their wellbeing.  This includes information relating to nutrition, fitness, moods and general wellness.

7.2 We aim to tailor this information in relation to each individual and provide information and recommendations that we feel may be relevant to them.  However, the information provided on the App and Services does not constitute health or medical advice.

7.3 You acknowledge and agree that all information and materials provided via the App and Services, including in relation to nutrition, fitness, moods and wellness, whether provided by HH or third parties, is provided for general information purposes only.  Any advice or information provided via the App or Services must not be relied upon as being correct or appropriate for you.

7.4 Although we sometimes consult with third party professionals when curating the content (such as the wellbeing information and recommendations) on the App and Services, this content has not been evaluated by medical professionals or medical bodies, and is not intended to diagnose, treat, cure or prevent any illness, condition or other physical or mental health issue.  It is not intended to be, and should not be used in the place of, the advice of medical professionals or any information provided on any product packaging or label.  For advice on medical, health and wellbeing issues you should always consult your doctor or other qualified health care professional. 

7.5 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or recommendations made available via the App or Services.

 

8. Third party products and links

8.1 The App may provide links to third party websites, for example, when referring to a product or information that we feel may be of interest to you, or in general.

8.2 If you purchase any products or services via a link to a third party website, the terms and conditions and privacy policy of that website shall apply to such purchase.  We may carry out certain verification checks on third party suppliers, but cannot guarantee any specific supplier's information, accreditation, or registration.  We make no warranty regarding any goods or services purchased or obtained from third parties as a result of using the App or Services, and you should in all cases make your own enquiries.  In particular, it is your responsibility to satisfy yourself that a third party supplier is solvent and has suitably qualified and certified personnel (as appropriate).

 

8.3 We will not be a party to any contract made between you and any third party supplier and therefore we shall not be liable for any loss or damage that results from any dealings between you and any such third party supplier, including but not limited to any direct or indirect loss of any kind.  

8.4 We do not warrant the appropriateness or accuracy of any information made available to you by a third party website linked from the App or Services (regardless of source), and we accept no responsibility or liability for: the appropriateness, accuracy or any other aspect of such websites or the information made available by them to you; or any loss or damage that may be suffered as a result of following any links.

8.5 The App may integrate with social networking platforms and other third-party applications (for example, Facebook, Instagram, Twitter). Your use of any integrated applications will be subject to those third parties' terms and conditions and privacy policies.

9. Intellectual property rights

You acknowledge and agree that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the App and Services or any part of them, including the manner in which the App and Services are presented or appear and all information and materials relating to them, is our property (or that of our licensors), and nothing in these Terms of Use or your use of the App or Services shall be taken to transfer any of these rights to you.

10. Use of the App and Services

10.1 Please note that we do not guarantee that the App or Services will be compatible with your mobile device.  However, if you are able to download the App onto your mobile device, it is likely that your mobile device will be compatible.  

10.2 We also do not guarantee that the App or Services will be compatible with your wearable device(s) for the purposes of syncing the Collected data.

10.3 Please also note that the use of the App and/or Services may be impacted by the terms of your agreement with your mobile device supplier, manufacturer and/or phone service provider. Such use may require the use of data which may incur costs with your phone service provider, particularly when using roaming tariffs abroad.

10.4 We grant you a licence to use our App and Services that is personal to you only, limited, royalty-free, non-exclusive, revocable, non-transferable and without the right to sublicense.  This licence is granted to you to allow you to electronically access and use the App and Services for the purpose of receiving the benefit of the App and Services in accordance with these Terms of Use.

10.5 You agree that you shall:

(a) provide true, accurate, current and complete information about yourself when you create your HH Profile and maintain and promptly update this data to keep it accurate, current and complete;

(b) not allow anyone else to make use of your HH Profile;

(c) not undertake any activity which may harm our reputation or bring us into disrepute;

(d) not use the App or Services for any fraudulent purpose or to send, upload or post any content which is abusive, defamatory, indecent, menacing, obscene or breaches the rights (including intellectual property rights) of any third party;

(e) not use the App or Services to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make;

(f) not introduce, transmit or otherwise make available on or via the App or Services any virus, worm, Trojan horse, spyware, or other computer code, file, or programme that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

(g) not restrict or inhibit any person from using the App or Services (including hacking or defacing any portion of the servers or networks used to host the App or Services);

(h) not replicate, modify, adapt, translate, reverse engineer, copy, decompile, or disassemble any portion of the App or Services;

(i) not remove any copyright, trademark, or other proprietary rights notice from any portion of the App or Services; and

(j) not cause the App or Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the App or Services is in any way impaired.

 

11. Closing your HH Profile

11.1 You can uninstall the App at any time, using the functionality within the App or your mobile device.  Please note though that uninstalling the App will not automatically result in the closure of your HH Profile.  To close your HH Profile, please send a request by email to contact@healthyhealth.uk. 

 

11.2 We reserve the right to terminate or restrict your access to the App and/or Services at any time without notice for any reason whatsoever.  Where possible, we will endeavour to provide you with notice of any such termination or restriction of access.

12. Important disclaimers

12.1 While we will aim to maintain an uninterrupted service through the App and Services, they are both provided on an “as is” basis and we do not promise that your access to the App or Services will be delivered uninterrupted, securely, in a timely manner or error-free, or that the App or Services will be free from viruses or other harmful properties.  We recommend that you always use up to date firewalls and anti-virus software to protect your equipment and data. 

 

12.2 From time to time, we may carry out maintenance of the App or Services which may result in certain parts of the App or Services becoming unavailable.

12.3 While we try to make sure that the App and Services are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties. 

12.4 We reserve the right to modify or discontinue temporarily or permanently all or part of the App or Services, with or without notice, without liability for any modification or discontinuance.

 

13. Limitation of liability

13.1 Notwithstanding any other provision, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

 

13.2 If you are dissatisfied with the App, the Services or any of these Terms of Use, your sole remedy under these Terms of Use shall be to discontinue use of the App and Services.

 

13.3 Other than as set out in this ’Limitation of liability’ section, and notwithstanding any other provision of these Terms of Use, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use (including our provision of access to and your use of the App and/or Services).

 

13.4 All conditions, warranties and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

 

13.5 We shall have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption or loss of data you may suffer in connection with your use of the App, the Services, or any materials available through the App or Services.

 

13.6 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect losses.  Accordingly, some of the above limitations of liability may not apply to you.

 

13.7 To the extent that any limitation or exclusion of liability in these Terms of Use proves ineffective, our maximum aggregate liability under or in connection with these Terms of Use (including your use of the App and Services) whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100 in aggregate.

14. Making complaints

If you have any complaint about the App or any of the Services we provide, you should contact us at support@healthyhealth.uk and we will try and resolve it as soon as possible. 

 

15. Other important terms

15.1 We may vary these Terms of Use from time to time.  You are advised to regularly check these Terms of Use for any such variation and note the date set out above on which these Terms of Use were last updated.  The amended Terms of Use will take effect on the date on which we publish any variation through the App.  If you do not agree with the amended Terms of Use then you have the right to stop using the App and Services, and should do so immediately.  Your continued use of the App and/or Services after the date the changes have been posted will constitute acceptance of the amended Terms of Use. 

15.2 Section headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. 

15.3 Each paragraph of these Terms of Use shall be construed separately and independently of the other paragraphs.

15.4 No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

 

15.5 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between you and us.

 

15.6 We are an independent service provider for all purposes when carrying out our obligations under these Terms of Use.  Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.

 

15.7 Notwithstanding any other provision in these Terms of Use, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms of Use.

 

15.8 These Terms of Use constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral. 

 

15.9 These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction. 

 

15.10 Nothing in these Terms of Use seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.

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