PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR OUR SERVICES.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE OUR SERVICES.

INFORMATION ABOUT US AND HOW TO CONTACT US

• Who are we: We are Added Health Limited (“Added Health”, “we”, “us” or “our” in these Terms), a company incorporated in England and Wales (with company number 13063427) and our registered office address is: Prama House, 267 Banbury Road, Oxford, OX2 7HQ.
• How to contact us: You can contact us by telephoning our client service line on +44 1865 419603 or emailing us at legal@addedhealth.com.

IMPORTANT INFORMATION ABOUT THESE TERMS

• Do these Terms apply to you? Any reference to “you” or “your”, means you as a recipient of the Services.
• What these Terms cover? These Terms set out the terms and conditions on which we supply Services to you.
• Why you should read these Terms? Please read these Terms carefully before you purchase and/or use our Services. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
• How will we contact you? If we have to contact you, we will usually do so by writing to you at your email address which you have provided us. We may also call you or send you a text message at the mobile number which you have provided us. For further information about how we may contact you by text messaging, see clause 4.7.
• “Writing” includes emails: When we use the words “writing” or “written” in these Terms, this includes emails.

Our Corporate Programme: You may be registering to receive our Services as part of our Corporate Programme, further details of which are available at “Corporate Programme”. If you register as part of our Corporate Programme, there would be in place a form of agreement between us and your employer which sets out the terms of the Corporate Programme (“Corporate Programme Agreement”). Accordingly, there may be different terms and conditions applicable to you, as set out in the Terms below.

1.  OUR CONTRACT WITH YOU

1.1  Our Services: We offer a range of personalised health, wellness and coaching services. On our website (www.addedhealth.com), including any subdomains of our website, and websites through which we make the Services available (together, the “Website”), we have set out information relating to:

(a)  the various personalised services we offer from time to time, including lifestyle and wellness coaching, and consultation services relating to health and nutrition (together with the Website, the “Services”); and

(b)  the fees payable for the Services which are dependent on your choice of subscription among the different subscription options available to you (“Subscription Fee”).

1.2  Your order: Where you have registered for one of our subscription plans, the applicable Services and Subscription Fees are set out in the subscription purchase order form, which is made available to you in blank, and populated and submitted by you to us via the Website. When you submit your subscription purchase order form to us, you are making an order. You are asking to purchase the Services by making an order.

1.3  How we will accept your order: Our acceptance of your order will take place when we email you to confirm our acceptance, at which point a contract will come into existence between you and us in respect of the Services you have purchased in your subscription (“Contract”).

1.4  Where you register to be on our waiting list: In order to manage our Services, we may, from time to time, ask you to register to be on our waiting list before giving you the opportunity to submit a subscription purchase order form. You will be notified if this is the case when you submit the waiting list registration form, and you will not be asked to make any payment until we notify you that you are eligible to place an order for our Services.

1.5  If we cannot accept your order: If we are unable to accept your order, we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for, or for other reasons. If you have already paid for Services in respect of an order we cannot accept, we will refund you for the Services you paid for but have not received (as applicable). We may also be unable to accept your order if the payment you made pursuant to making your order has been clawed back by you, or otherwise not received by us.

1.6  Promotional materials: Any advertising issued by us, and any descriptions or illustrations provided by us in relation to our business, or the Services, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. These will not form part of the Contract or have any contractual force.

2.  OUR RIGHTS TO MAKE CHANGES

2.1  Minor changes to the Services. We may change the Services:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement technical adjustments and improvements, for example to address a security threat.

These changes will usually not affect your use of the Services.

2.2  More significant changes to the Services and these Terms. In addition to clause 2.1, we may make changes to these Terms or more significant changes to the Services. If we do so, we will notify you and you may then contact us to end the Contract (see clause 7) before the changes take effect and receive a refund for any Services paid for but not received (as applicable).

3.  YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to Subscription Fees or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 7).

If you have registered with us as part of our Corporate Programme, note that any requests by you to make a change to your order would also be subject to the terms of the applicable Corporate Programme Agreement.

4.  PROVIDING THE SERVICES

4.1  How we will provide the Services. Our Services are mainly provided remotely, such as through our Website, video conferencing platforms, telephone calls, text messages, and emails (as applicable). You will be notified if any of our Services are to be provided to you in-person, in which case clause 4.5 will apply.

4.2  We are not responsible for Services we cannot provide due to an event outside our control. If any suspension, withdrawal or restriction to the Services is pursuant to an event outside our control, we will not be liable to you for any period during which the Website and/or Services are not available pursuant to such an event. We aim to contact you as soon as practicable to inform you where this is the case.

4.3  If you do not give required information to us: We may need certain information from you so that we can supply the Services to you. If so, this will usually have been requested before you place your order or have been stated in the description of the Services as published on our Website. If you have not yet submitted the required information before purchasing your order, we will contact you to ask for this information. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of the Services if this is caused by you failing to give us the information we need within a reasonable time of our asking for it.

4.4  You are responsible for ensuring that any information you supply to us is accurate: You are responsible for ensuring that the information you have provided us is accurate, true, current and complete. If there are any changes to the information you have provided us during the duration of your Contract, it is your responsibility to update us accordingly. We will not be responsible and will not be held liable for any loss or damages caused by your failure to provide required information, or from any incompleteness or incorrectness of the information you have provided to us (see clause 11.3).

4.5  If you do not allow us access to provide Services (only for Services provided in-person): If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract and clause 8.2 will apply.

4.6  Interruptions and errors on the Website: We do not guarantee that the Website, any content on it, or the Services delivered via the Website (where applicable), will always be available or be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of the Website, or the Services for business or operational (including technical) reasons. We aim to give you reasonable notice of any such suspension or withdrawal or restriction.

4.7  Text message promotions: We may from time to time send you text messages to the mobile number you have provided to us. These messages that are aimed at providing you with updates, promotions and/or further information about our Services. We do not charge you any additional sums for our text message promotions, and you will automatically be signed up to receive our text messaging promotions when you register for and purchase our Services. However, you are responsible for any text messaging charges and fees imposed by your wireless provider (if applicable). You may opt out of our text messaging promotions at any time by following the link to unsubscribe which is made available to you in the promotional text messages.

5.  SUSPENSION OF SERVICES

5.1  We may suspend the Services:

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

(b)  to reflect changes in relevant laws and regulatory requirements; or

(c)  for other unforeseen reasons which may affect the delivery of the Services.

We aim to contact you as soon as practicable to tell you why we are suspending the supply of the Services and explain when and/or how such suspension will cease, unless the problem is urgent or an emergency.

5.2  Your rights if we suspend the Services: If we have to suspend the Services for longer than 14 days pursuant to clause 5.1(a) to (c), you will not have to pay for Services while they are suspended (as applicable).

5.3  We may also suspend the Services if you do not pay.

(a)  If you do not pay us for the Services when you are supposed to (see clause 6.4), we may suspend supply of Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of Services if this is the case. As well as suspending the Services, we may also charge you interest on your overdue payments (see clause 6.5).

(b)  If you have registered as part of our Corporate Programme, clause 5.3(a) shall not apply to you. However, if your employer has not paid us for the Services in accordance with the applicable Corporate Programme Agreement, we may suspend supply of all or part of the Services in accordance with that Corporate Programme Agreement.

6.  SUBSCRIPTION FEES, PAYMENT AND RENEWALS

If you have registered as part of our Corporate Programme:
Your employer will be responsible for paying the applicable fees for the Services. Accordingly, clause 6.1 to 6.8 (inclusive) shall not apply to you. The applicable terms about subscription fees, subscription renewals, and payment arrangements will be as set out in the applicable Corporate Programme Agreement. At the payment process stage of your registration on our Website, you will need to apply the applicable voucher code generated by us (and supplied to your applicable employer) in accordance with the instructions given to you in connection with the Corporate Programme. You will need to enter your payment details in accordance with the payment process and payment methods available made available to you on the Website, but you will not be charged for the Services upon registration provided the voucher is applied correctly.

6.1  Where to find the Subscription Fees for the Services: The Subscription Fees for the Services (which includes Value Added Tax (VAT) if applicable) will be the price indicated to you when you purchase your order. We take reasonable care to ensure that the Subscription Fees for the Services advised to you is correctly reflected in the payment process. However, please see clause 6.3 for what happens if we discover an error in the Subscription Fees for the Services you order.

6.2  We will pass on the changes in rate of VAT: If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

6.3  What happens if we got the Subscription Fees wrong: It is always possible that, despite our best efforts, our Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid under the Contract for Services not received.

6.4  When you must pay and how you must pay: You must pay the Subscription Fees in accordance with the payment process and payment methods made available to you on the Website, which may be provided by our processing partners. To receive the full value of our Services, you would have to pay us in full and in advance of our supplying the Services monthly as agreed. After making your first payment pursuant to you placing your order, subsequent payments for the Services will be taken using your previously entered payment card details.

6.5  We can charge interest if you pay late: If you do not make any payment to us by the due date, for example if your payment card has been declined or otherwise not received by us, we may charge interest to you on any overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, such interest to accrue and be added to the overdue amount on the 1st day of each month. You must pay us interest together with any overdue amount.

6.6  Amounts due under the Contract: All amounts due under the Contract from you to us must be paid in full without any set-off, counterclaim, deduction or withholding.

6.7  Automatic renewals: A Subscription Fee automatically renews monthly and will continue to renew until it is cancelled in accordance with these Terms.

6.8  Changes in price or length of a subscription: Our Subscription Fees may change. The price in place when you made your initial purchase or when your Subscription Fee last renewed will stay in effect for the duration of that monthly subscription period, but new prices may apply to any renewals or any new subscriptions. We will give you reasonable notice of any change in the price or length of a subscription available. If you do not want to renew your subscription under any new prices or any change in the length of a subscription period, you may cancel your subscription and end the Contract in accordance with these Terms (see clause 7).

7.  YOUR RIGHTS TO CANCEL YOUR SUBSCRIPTION AND END THE CONTRACT

If you have registered as part of our Corporate Programme:

If you have registed as part of our Corporate Programme and you would like to cancel your subscription at any time after the first 14 days of your subscription, you will need to inform your employer accordingly. Your employer will need to notify us of any such intentions to cancel the subscriptions in accordance with the applicable Corporate Programme Agreement, and the cancellation of your subscription will then be subject to the terms of the applicable Programme Agreement. Accordingly, clause 7.2 to 7.5 (inclusive) shall not apply to you.

7.1  Exercising your statutory right to change your mind: Consumer rights in the country you are based in may provide consumers with a statutory right to change your mind. For example, if you are based in the United Kingdom and/or a European Union member state, you have the statutory right to change your mind within 14 days and receive a refund. You will need to send an email to customer.service@addedhealth.com within this 14-day period in order to exercise your statutory right to change your mind.

7.2  Ending the Contract where you have no statutory right to change your mind: Even if you do not have a statutory right to change your mind, you can still cancel your subscription and end the Contract at any time prior to 14 days before the last day of the then-current monthly subscription period, and your subscription will expire at the end of that applicable subscription period. If you do not cancel your subscription prior to 14 days before the last day of the then-current subscription period, we will renew your subscription per your last subscription, and it will expire at the end of that following subscription period.

7.3  How to end the Contract: To cancel your subscription and end the Contract with us with effect from the day after the last day of the applicable subscription period as per clause 7.2 above, you need to let us know by sending an email to customer.service@addedhealth.com.

7.4  No refunds unless otherwise specified in these Terms: You will not be entitled to any refunds for any Services which you have paid for but not received unless otherwise specified in these Terms.

7.5  If you are entitled to a refund: If you are entitled to a refund, we will refund you by the method you used for payment. We will make any refunds due to you as soon as possible.

8.  OUR RIGHTS TO END THE CONTRACT

8.1  Where we have not received your payment:

(a)  Where we do not receive your payment within 5 days of the date the payment was due to us, then without prejudice to our right to suspend the Services (see clause 5.3) and charge interest for late payment (see clause 6.5), we will be entitled to end the Contract without notice.

(b)  If you have registered as part of our Corporate Programme, clause 8.1(a) shall not apply to you. However, if your employer has not paid us for the Services in accordance with the applicable Corporate Programme Agreement, then without prejudice to our right to suspend the Services (see clause 5.3(b)), we will be entitled to terminate the Corporate Programme Agreement in accordance with its terms, and accordingly end any Contract between you and us.

8.2  Where you breach any of our terms: Notwithstanding any other clauses in these Terms, we may end the Contract at any time if:

(a)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services (see clause 4.3);

(b)  where the Services are provided in-person, you do not allow us to access your property to perform the Services as arranged and, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property (see clause 4.5); or

(c)  you breach any of our terms (including, but not limited to, these Terms and our Website Terms of Use.

8.3  You must compensate us if you breach any of our terms: If we end the Contract in the situations set out in clause 8.1 or 8.2 (as applicable), you will not be entitled to any refunds for any Services which you have paid for but not received (as applicable). We may also charge you reasonable compensation for the net costs we will incur as a result of your breaching our terms (regardless of whether or not you have registered with us as part of our Corporate Programme). Additionally, all sums due and owing to us (if any) will be immediately payable by you to us.

8.4  We may withdraw the Services and/or end the Contract: Without prejudice to our rights to end the Contract as per the above, we may write to you to let you know we are going to stop providing the Services and/or end the Contract. We will let you know at least 14 days prior to our stopping the supply of the Services and/or ending the Contract. We will refund, pro-rata (where applicable), any sums you have paid in advance for the Services in respect of the period after we withdraw the Services and/or end the Contract.

8.5  Ending the Contract under the Corporate Programme: If you have registered as part of our Corporate Programme, without prejudice to any other rights we may have to terminate or suspend the Services and/or end the Contract as set out in these Terms, we reserve the right to terminate and/or suspend the Services and/or end the Contract in accordance with the applicable Corporate Programme Agreement. In such circumstances, we will use reasonable efforts to notify you in advance of the termination or suspension of the Services and/or the Contract (as applicable).

9.  ACCEPTABLE USE

9.1  Prohibited uses: In addition to the prohibitions on use set out in our Website Terms of Use, you may use the Website and the Services only for lawful purposes. You may not use the Website, or the Services:

(a)  in any way that breaches any applicable local, national, or international law or regulation;

(b)  in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

(c)  for the purpose of harming or attempting to harm minors in any way;

(d)  to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(e)  or 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.

9.2  In addition to the prohibitions on use set out in our Website Terms of use, you also agree:

(a)  not to reproduce, duplicate, copy or re-sell any part of the Website or the Services in contravention of the provisions of our Website Terms of Use; and

(b)  not to access without authority, interfere with, damage, or disrupt any part of the Website or the Services, any equipment or network on which the Website is stored or via which the Services are provided, any software used in the provision of the Website or the Services, or any equipment or network or software owned or used by any third party.

9.3  What happens if you use the Services in a way that is prohibited: Notwithstanding any other clauses in these Terms, failure by you to comply with clauses 9.1 and 9.2, and our Website Terms of Use, constitutes a material breach of these Terms and may result in the immediate, temporary, or permanent suspension of the Services or termination of the Contract. In the event of such suspension or termination, no refund will be available to you (as applicable), and we will not be liable to you for any sums paid by you in respect of Services paid for but not received (as applicable).

10.  PROPRIETARY RIGHTS

10.1  You acknowledge and agree that we and/or our licensors own intellectual property rights in original work in the Website and the Services. Except as expressly stated in these Terms, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Website or the Services.

10.2  We confirm that we control any intellectual property rights in relation to the Website and the Services that pursuant to which any grants of rights to you are expressly made under these Terms.

11.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1  We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes any liability on our part for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for fraud or fraudulent misrepresentation, or for breach of your statutory rights in relation to the Services.

11.2  We are responsible to you for foreseeable direct loss and damage caused by us: If we fail to comply with these Terms, we are only responsible for direct loss or damage you suffer that is a foreseeable result of our breaching these Terms. We are not responsible for any loss or damage that is indirect or not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.

11.3  We are not responsible for losses or damage resulting from your failure to provide required information or the information you provided is incomplete or incorrect: As the Contract between you and us involves our provision of personalised Services to you, we would be prohibited from providing the Services effectively if you do not provide us with the required information, or if the information you provide is incomplete or incorrect. You are responsible for ensuring the information you have provided us is accurate, true, current and complete. If there are any changes to the information you have provided us during the duration of your Contract, it is your responsibility to update us accordingly. We will not be responsible and will not be held liable for any loss or damages caused by your failure to provide required information, or from any incompleteness or incorrectness of the information you have provided to us (see clause 4.4 and 4.5).

11.4  We are not liable for business losses: We only supply the Services for domestic and private use. If you then use the Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business-related loss or damage.

11.5  Our liability is limited: Except as specified in clause 11.1, our liability to you for breach of these terms or on any other basis is limited to the price you paid under the Contract in respect of Services supplied to you in the 12-months immediately preceding the date when the liability arose (or, if you have registered as part of our Corporate Programme, our liability to you is limited to the price your employer has paid under the applicable Corporate Programme Agreement in respect of Services supplied to you in the 12-months immediately preceding the date when the liability arose).

11.6  We are not liable for losses or damage resulting from your employer’s failure to comply with any applicable Corporate Programme Agreement: If you have registered as part of our Corporate Programme, we are not liable for any losses or damages arising out of or in connection with any failure by your employer to comply with the terms of the applicable Corporate Programme Agreement.

12.  HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1  How we will use your personal information: We will only use your personal information as set out in our privacy policy and cookie policy.

12.2  Please be aware that internet transmissions are never completely private or secure and that any message, document, or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is, or that parts of the Services are stated as being, encrypted.

13.  OTHER IMPORTANT TERMS

13.1  We reserve the right to amend these Terms and any Contracts between you and us: We reserve the right to amend these Terms and any Contracts between you and us by giving you advance written notice.

13.2  We may transfer any Contracts between you and us to someone else: We may transfer our rights and obligations under these Terms and any Contracts between you and us to another organisation. We aim to tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

13.3  You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

13.4  Nobody else has any rights under these Terms and any Contracts: These Terms and any Contracts between you and us do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

13.5  If a court finds any part of these Terms or any Contracts unlawful, the rest will continue in force: Each of the clauses of these Terms or any Contracts between you and us operates separately. If any Court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.

13.6  Even if we delay in enforcing these Terms or any Contract, we can still enforce these later: Even if we delay in enforcing these Terms or any Contracts between you and us, 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 any Contracts between you and us, or if we delay in taking steps against you in respect of your breaches, that will not prevent us taking steps against you at a later date.

13.7  Which country’s laws govern these Terms or any Contract, and any non-contractual matters or any disputes between us: These terms or any Contracts between you and us, their subject matter and their formation are governed by the laws of England and Wales. You and we both agree that the Courts of England and Wales will have exclusive jurisdiction.

Date last updated: 30 November 2022