Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY

BY TICKING THE “ACCEPT” BOX WHEN CREATING A PROFILE ON OUR APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

1. 1. Definitions

The following definitions apply to these terms:

“App”		means the mobile application software known as MYLIFE365.ME owned and managed by us;
”Documentation”		means all the electronic documentation within the App;
”Intellectual Property Rights”		means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
”Permitted Objective”		Has the meaning given in clause 13.5;
Services”		means the provision of the App, the booking and Fibroscan® services you connect to via the App and the health content we provide to you via the App.

2 Who we are and what this agreement does

2.1 TAWAZUN HEALTH LTD (company number 11713177) of 67 Westow Street, London, England, SE19 3RW (“we, us”) hereby license you the rights to use, in accordance with these terms:

(a) the App and any updates or supplements to it;

(b) the Documentation; and

(c) the Services.

3 Your privacy

3.1 You hereby consent to us collecting and processing your personal data, including any special category personal data in accordance with our privacy policy, available here. We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3.3 You must be 18 or over to accept these terms and download the App or use the Services.

4 Additional terms for specific Services

4.1 In addition to these terms, the Services set out below will be governed by the user terms and conditions in place on Apple’s App Store, Google’s Play Store and any other relevant app store (on which the App was downloaded) from time to time;

5 Operating system requirements

5.1 This app requires an iPhone with IOS 13 or later and an iPhone 6 or later. This app requires an android 6 system or later and a dpi 240 or later Android phone.

6 How you may use the App, including how many devices you may use it on

6.1 In consideration for your agreeing to comply with these terms you may:

(a) download or stream a copy of the App your mobile phone and view, use and display the App and access Services on such devices for your personal purposes only. In addition you may share the App and the Services in accordance with the rules set out in relevant app store used to download the App;

(b) use any Documentation to support your permitted use of the App and the Service; and

(c) receive and use any supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

7 You may not transfer the App to someone else

7.1 We are giving you personally the right to use the App and the Services as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer, license or assign the App or any rights granted in these terms in the App or any rights to use the Service to someone else. If you sell or loan any device on which the App is installed, you must remove the App from it prior to the sale or lease.

8 Changes to these terms

8.1 We may need to change these terms to reflect changes in law or best practice, to reflect changes in medical practice or to deal with additional features which we introduce.

8.2 We will seek to give you reasonable notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

8.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

9 Update to the App and changes to the Service

9.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

9.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

9.3 Where reasonably possible, the App will always work with the current or previous version of the operating system (as it may be updated from time to time).

10 If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

11 We may collect technical data about your device

11.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

11.2 Certain Services including the booking of appointments via the App or MYLIFE365.ME website, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

12 We are not responsible for other websites you link to

12.1 The App or any Service may contain links to independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

12.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

13 Licence restrictions

13.1 You warrant, represent and undertake that you will:

(a) except in the course of permitted not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

(b) not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

(i) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

(ii) is not used to create any software that is substantially similar in its expression to the App;

(iii) is kept secure; and

(iv) is used only for the Permitted Objective;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

14 Acceptable use restrictions

14.1 You warrant, represent and undertake:

(a) not to use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

(b) not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users in any way; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service without our prior written consent.

15 General indemnity

15.1 You shall fully indemnify us against all claims and proceedings and all liability, damages, loss, costs and expenses (including but not limited to any direct, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:

(a) the your breach or non-performance of these terms;

(b) your breach of our Intellectual Property Rights; and/or

(c) the enforcement of these terms.

15.2 This indemnity shall apply whether or not we have been negligent or at fault.

15.3 You hereby acknowledge that the Scans (as defined below) are provided by Fibroscan® and that we, so far as is legally possible, exclude our liability in respect of any injury or harm caused by a fault of any kind with the Fibroscan® machine or any related machinery or gels.

16 Intellectual property rights

16.1 All Intellectual Property Rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

17 Good Clinical Practice

17.1 We shall comply with all applicable laws, regulations, codes of practice, in relation to good clinical practice, including all Care Quality Commission (CQC) Guidance and generally accepted professional standards of care.

18 Purchase of Services

18.1 Once the App has been downloaded from the relevant app store, you will be asked to create a profile by populating your details. Your personal data will be handled in accordance with our privacy policy (as referred to above). The App will ask you to regularly log your food, drink and exercise in order to create a picture of your lifestyle trends and provide feedback on your projected health. The App shall allow you to purchase Fibroscan ® liver screening (the “Scan”) via the MYLIFE365.ME website (the “Website”). All information will be uploaded via the ‘my profile’ section and can be updated at any time.

18.2 You can make a booking on the App via the memberships tab or by pressing ‘book a scan’. You will be promoted to select the type of booking (one-off or subscription), the date and make your payment via the App. You can also book a Scan on the Website by following the ‘Book Now’ link, selecting the type of booking (membership or a single scan), choosing your preferred date and time, applying the relevant discount code and making payment.

18.3 Your Order will be confirmed once we email you with confirmation (“Order”). The details of your booking will be set out in the Order and at that time, a contract will come into existence between us.

18.4 The ‘checking your appointment’ tab which will contain information on your Orders.

18.5 Sometimes we reject Orders, for example, because we can’t verify your age (where the service is age-restricted), because you are located outside the UK, payment was not properly made via the Website or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. You shall not be permitted to change your profile details after the date of the Order so as to ensure the information we rely upon is accurate as the date of the Scan. If there is a problem with the Fibroscan® machine meaning that we cannot perform a scan, we will refund your Order in full.

18.6 If the rate of VAT changes between your Order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

18.7 If we’ve asked you for measurements and information relating to the Order, you’re responsible for making sure that measurements and information measurements are correct.

18.8 Your legal right to change your mind. For most of our Scans you have 14 days after the date we confirm your order to change your mind about a purchase, but:

(a) You lose the right to cancel any service, when it’s been completed (and you must pay for any services provided up the time you cancel); and

(b) You cannot cancel a booking less than 24 hours in advance.

18.9 For reference only, the Consumer Rights Act 2015 says:

(a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(b) If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

(c) If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

18.10 We can suspend the supply of a Scan. We do this to:

(a) deal with technical problems or make minor technical changes;

(b) update the Scan process to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the Scans.

19 Our responsibility for loss or damage suffered by you

19.1 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. You are responsible for allowing us to perform the Scans safely and to act as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others. In the absence of any negligence or other breach of duty by us, the use of our machinery, the Scans, equipment or facility is entirely at your own risk. You must inform us prior to making an Order whether you are allergic to gels or plastics and if you fail to do so, having a Scan is entirely at your own risk.

19.2 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage 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.

19.3 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.4 Limitations to the App and the Services. The App and the Services are provided for general information and for booking only. They do not offer advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

19.5 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service

19.6 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the relevant app store site and in the Documentation) meet your requirements.

19.7 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. Travel and accommodation expenses of any kind are considered costs and events outside of our control and therefore, should we refund your Order in accordance with these terms, we will not be liable for any losses in relation to your travel or accommodation expenses.

20 We may end your rights to use the App and the Services if you break these terms

20.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. If what you have done can be remedied we will give you 7 days opportunity to do so.

20.2 If we end your rights to use the App and Services:

(a) You must stop all activities authorised by these terms, including your use of the App and any Services;

(b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and

(c) We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

21 Transfers

21.1 We may transfer our rights and obligations under these terms to another organisation.

21.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

22 General

22.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

22.2 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

22.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you