Terms and Conditions

Introduction

These terms tell you the rules for using our website www.roadtohealthgroup.com and our online health apps, including REACHhealth. Together these are all referred to in these terms as our site's apps.

By using our sites and apps, you confirm that you accept these terms of use and that you agree to comply with them . If you do not agree to these terms, you must not use our sites and apps.

We recommend that you print a copy of these terms for future reference.

1. IMPORTANT INFORMATION AND WHO WE ARE

Our sites and apps are operated by Roadtohealth Group Ltd (" We"). We are a limited company. We are registered in England and Wales under company number 04495648 and have our registered office at 30-34 North Street, Hailsham, East Sussex, England, BN27 1DW. Our VAT number is 991267683.

To contact us, please email enquiries@roadtohealthgroup.com, or write to us at 30-34 North Street, Hailsham, East Sussex, England, BN27 1DW.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our sites and apps:

• Any EULA that you agree when downloading or installing an app.
• Our Privacy Policy.

There may also be specific privacy policies which relate to your use of certain apps. Where this is the case, the privacy policy will be displayed before you use the app. That privacy policy will apply instead of our general policy.

• Our Cookie Policy and Data Storage Policy which set out information about the cookies on our sites and apps.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our sites and apps and apps, please check these terms to ensure you understand the terms that apply at that time.

2. USING THE CONTENT ON OUR SITES AND APPS

You must not rely on the content on our site

The content on our sites and apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites and apps.

In particular, any findings, statements or recommendations about your health, and any exercise or steps you should take to improve or make changes to your health, are provided for information purposes only. We do not provide professional or medical advice through our sites and apps, and we are not qualified to provide such advice.

YOU MUST SEEK MEDICAL OR OTHER PROFESSIONAL ADVICE in the following circumstances:

• for advice on your health or any conditions you may suffer from;
• before taking any of the steps suggested or recommended on our sites or apps;
• before making any changes to your diet or lifestyle, based on the findings or statements on our sites or apps, particularly if you suffer from underlying health conditions such as heart disease.

You must not use our sites or apps as a replacement for taking such medical or other professional advice.

We will not be responsible for or liable for any injury, illness, harm, loss, costs or expenses you suffer or incur as result of relying on content, findings or statements on our sites or apps.

Although we make reasonable efforts to update the information on our sites and apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites and apps is accurate, complete or up to date.

3. CHANGES TO OUR SITES AND APPS

We may make changes to our sites and apps

We may update and change our sites and apps from time to time to reflect changes to our products, users' needs and our business priorities

We may suspend or withdraw our sites and apps

Our sites and apps are made available free of charge.

We do not guarantee that our sites and apps, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites and apps for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our sites and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4. CONTENT ON OUR SITES AND APPS

How you may use material on our sites and apps

We are the owner or the licensee of all intellectual property rights in our sites and apps, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites and apps for your personal use and you may draw the attention of others within your organisation to content posted on our sites and apps.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites and apps must always be acknowledged.

You must not use any part of the content on our sites and apps for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites and apps in breach of these terms of use, your right to use our sites and apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We are not responsible for websites we link to or third-party content

Where our sites and apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our sites and apps may display or provide access to third party content, such as videos and guides. We are not responsible for any third-party content you view on, or access from, our site.

User-generated content is not approved by us

Our sites and apps may include information and materials uploaded by other users of the site or app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our sites and apps do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at enquiries@roadtohealthgroup.com

5. ACCEPTABLE USE OF OUR SITES AND APPS

Uploading content to our sites and apps

Whenever you make use of a feature that allows you to upload content to our sites and apps, or to make contact with other users of our sites and apps, you must comply with the content standards set out in these terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our sites and apps will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites and apps constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our sites and apps if, in our opinion, your post does not comply with the content standards set out in the content standards set out below.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Content Standards

These content standards apply to any and all material which you contribute to our site ( Contribution ), and to any interactive services associated with it.

These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches these content standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• 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.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Roadtohealth Group, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

Rights you are giving us to use material you upload

When you upload or post content to our sites and apps, you grant us a perpetual and irrevocable, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content:

• for any purpose in connection with our sites and apps (including those yet to be created); and
• in connection with any marketing material or publicity regarding our sites and apps (including those yet to be created), including use on social media platforms.

Prohibited uses of our sites and apps

You may use our sites and apps only for lawful purposes. You may not use our sites and apps:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in these terms.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our sites or apps in contravention of these terms.

• Not to access without authority, interfere with, damage or disrupt:

• any part of our sites or apps;

• any equipment or network on which our sites or apps are stored;

• any software used in the provision of our sites or apps; or

• any equipment or network or software owned or used by any third party.

Rules about linking to our sites and apps

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our sites and apps in any website that is not owned by you.

Our sites and apps must not be framed on any other site, nor may you create a link to any part of our sites and apps other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our sites and apps other than that set out above, please contact enquiries@roadtohealthgroup.com.

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user :

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Please see the section above regarding your use of the content on our sites and apps. You must not rely on the content on our sites and apps, and we do not provide medical advice. We will not be responsible for or liable to you for any injury, illness, harm, loss, costs or expenses you suffer or incur as result of relying on content, findings or statements on our sites or apps.

If you are a business user :

• We exclude all implied conditions, warranties, representations or other terms that may apply to our sites and apps or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our sites and apps; or

• use of or reliance on any content displayed on our sites and apps.

• In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user :

• Please note that we only provide our sites and apps for domestic and private use. You agree not to use our sites and apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• We are not liable for any damage to any device or digital content belonging to you:
  • that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us; or
  • to the extent it is caused by defective digital content created or supplied by third parties, even if you download or access this from our sites or apps.

7. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our [LINK TO PRIVACY POLICY]. There may also be specific privacy policies which relate to your use of certain apps. Where this is the case, the privacy policy will be displayed before you use the app. That privacy policy will apply instead of our general policy.

In particular, we will use your personal information to provide you with feedback and suggestions on how to improve your lifestyle. We will also contact you about your progress with any tasks or challenges in our apps.

If you are using our site or app as part of a scheme with your employer, then for some apps (including our REACHhealth app) we will collate anonymised data and provide it to your employer or the organisation that provided the app to you in a monthly report.

8. BREACH OF THESE TERMS

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

If you commit a breach of these terms when using ours sites or apps, this may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our sites or apps.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our sites or apps (or any of them) and deleted of your account(s) and information stored within those accounts.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. SAFETY AND SECURITY

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites and apps will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites and apps. You should use your own virus protection software.

You must not misuse our sites and apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites and apps, the server on which our sites and apps is stored or any server, computer or database connected to our sites and apps. You must not attack our sites and apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites and apps will cease immediately.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

This is particularly important, because your account will contain personal information about you and your health status.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@roadtohealthgroup.com.

10. GENERAL

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.