TERMS AND CONDITIONS FOR HEALTHPATH PRO
Version number: 1
Effective date: 14/06/2021
1. Who we are
1.1 We are Healthpath Ltd. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Healthpath Pro Service. The supply of testing services and sale of products via our website is subject to separate terms and conditions. We’ve tried to make these terms user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
2.2 While these terms and conditions apply to everyone, the Addendum (at the end of this document) contains additional terms which apply only to Practitioners (see definition below). If there a conflict, the Addendum takes priority.
3. Some definitions
3.1 Here are some definitions which are used in this document (all capitalised):
4. How you enter a legal contract with us
4.1 By registering on our website, you enter a legal contract with us to use our Service. Alternatively, if you first download our App, you enter into a legal contract with us at that point.
4.2 For App users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e., setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
4.3 By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
5. Changing these terms and conditions
5.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will post the new version on our website and, if the changes are important, we may also l notify you by email, SMS and/or in-app message and by posting the new version on our website.
5.2 If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect. Otherwise, the new terms will apply.
6. Your right to use our Service
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
7. Behaviour when using our Service
7.1 You agree not to do any of the following in connection with the Service:
7.2 You agree to:
8. Dealing between Users
8.1 Our Service is a neutral platform where self-employed Practitioners can arrange to supply Practitioner Services to, and interact with, Customers.
8.2 We accept no legal liability in connection with any dealings between Users.
8.3 You agree that if you have a dispute with another User, your recourse is against that other User and not against us.
8.4 If when using the Service you encounter behaviour or Content which you consider inappropriate, please email us to our email address shown below (including if you wish to give us notice of defamatory material). We may get involved but do not promise to do so.
8.5 Users agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
9. Your Content
9.1 You are responsible for your Content.
9.2 You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
9.3 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
9.4 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to send via our Service.
9.5 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
9.6 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
9.7 We are allowed to delete your Content without telling you after this agreement ends or if your account has been inactive for twelve months.
9.8 Uninstalling the App may result in deletion of all Content on your device.
10. Our role / Content
10.1 We do not provide advice to Customers.
10.2 We simply make available a range of resources including educational materials or guidance, supplements and tests. Practitioners are entirely responsible for selecting whichever resources they think are suitable to send or recommend to their Customers and for providing advice in relation to test results. We have no legal responsibility in relation to the suitability of our resources for any particular Customer or in any relation to any advice provided by the Practitioner to the Customer.
10.3 In the case of educational materials or guidance, we do not guarantee that such information is accurate or up to date. Practitioners agree to carefully read and assess such information and only to send or recommend it to Customers unless they are satisfied that it is appropriate to do so.
11. If you use any forum on our Service…
11.1 You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop using the Service.
12. Other peoples’ services / advertising / websites
12.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
12.2 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
13. If you create an account on our Service
13.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
14.1 The Service includes support only insofar as specifically provided for within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
14.2 You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
15. Ending or suspending this contract
15.1 You may at any time end this contract by emailing us to the address below requesting closure of your account and, if you are an App User, by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund.)
15.2 We are entitled at any time to end this contract without giving reasons. If so, we will refund in full any fees already paid which relate to the period after termination.
15.3 We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service without a refund if:
15.4 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
15.5 If this contract ends:
16. Restrictions on our legal responsibility – very important
16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
16.2 If you are a Consumer, we shall not be liable for any loss or damage where:
16.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
16.4 The following clauses apply only if you are a Practitioner:
(even if we have been advised of the possibility of such losses).
17. Intellectual property rights (e.g., copyright)
17.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our suppliers or other Users. For your personal and internal business use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent (except that Practitioners may send our education materials or guidance to their Customers). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
17.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
17.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
17.4 If you are a Practitioner, you allow us at no cost during the period of this agreement to use your name, trade marks and branding insofar as reasonably necessary for the purposes of our Service.
18. If our Service doesn’t work properly
18.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
18.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
18.3 To enable our Service to send you alerts, you must ensure you give us correct contact information and immediately update us if it changes. We are not responsible for checking or updating your contact information even if we have reason to think that it is wrong or out of date (e.g., because our email is returned). In any case, you acknowledge the risk that for whatever reason alerts may not be correctly sent out by our Service or received by the intended recipient and you must diarise key dates and/or follow up communications as appropriate.
19. Compatibility of App
19.1 We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OSs). You must check that the App works on your applicable device(s) before you take out a subscription to use our Service (if applicable). You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
20. Things we can’t control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
21. Transferring this contract to someone else
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
22.2 Note that we deal with Processor Data (see definition at the start) as “processor” on behalf of the Practitioner who is the “controller”. Please see under “Data processing” in the Appendix below.
23. English law and courts
23.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
24.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
25. Extra legal terms required by the Store
25.1 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
25.2 The following applies where Apple Inc is the Store:
25.3 We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
25.4 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
25.5 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
26.1 If you have any complaints, please contact us via the contact details shown below.
27. Company information
27.1 Company name: Healthpath Ltd
27.2 Trading name: “Healthpath Pro”
27.3 Country of incorporation: England and Wales.
27.4 Registered number: 11355212
27.5 Registered office and contact address: 85 Great Portland Street, London W1W 7LT, UK
27.6 Contact email address: firstname.lastname@example.org
27. 7 Other contact information: See our website / contact page.
ADDENDUM APPLYING ONLY TO PRACTITIONERS
28. Paying us
28.1 While parts of our Service are available to Practitioners free of charge, certain premium features may be available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
28.2 You are legally committed to pay your subscription payment once we confirm your order.
28.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
28.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
28.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
28.6 You must contact us immediately with full details if you dispute any payment.
28,7 You must make all payments without any set-off, counterclaim or any other deduction.
28.8 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
29. About discount codes
29.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
29.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
30.1 If we agree to pay you commission, unless we say otherwise when you sign up for commission: payment is monthly and we are entitled to end the commission or change the amount of commission at any time.
30.2 The applicable percentage of commission is payable on the relevant price net of VAT and delivery / customs charges.
30.3 Commission is payable only insofar as the relevant product or service is fully paid-up and is subject to deductions or repayment by you (if already paid to you) if there are returns or chargebacks. If a product or service is payable in instalments, commission is only payable when we have received payment of all instalments.
31. Data “processing”
31.2 We agree to the following in relation to Processor Data:
31.3 We are entitled to use and disclose Processor Data for research, service-improvement and other purposes provided that it is anonymised.