LiveSmart UK Ltd Member Terms
These LiveSmart Member Terms govern your order of the services we make available from www.GetLiveSmart.com.com (the “Site”), a website operated by Livesmart U.K. Limited ”/“we”/“us”/ “our”). Our registered office address is: 8 Pollen Street, London, W1S 1NG, UK.You may contact us there by using this email address: email@example.com.
PLEASE READ THESE LIVESMART MEMBER TERMS CAREFULLY. BY PROCEEDING YOU AGREE TO BE BOUND BY THESE LIVESMART MEMBER TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE LIVESMART MEMBER TERMS, YOU MUST NOT PROCEED AND SHOULD DISCONTINUE.
These LiveSmart Member Terms apply to the exclusion of the LiveSmart Website Terms & Conditions (made available on our homepage here but not our Privacy Statement (made available on our homepage here). To the extent that there is any conflict between these LiveSmart Member Terms and the Privacy Statement, the terms and conditions of these LiveSmart Member Terms will take precedence.
By proceeding with your request to order our general health assessment Services you agree that all of the LiveSmart Member Terms set out below form a binding Services contractbetween you and us, under which you register as a subscriber (“Member”). You confirm that you request immediate performance of the Services contract and acknowledge that you will lose your right of withdrawal from the contract once the Services contract is fully performed.
As part of your becoming a Member you will provide us with certain personal information when prompted to do so, in order to enable your account to be created. We will use that information pursuant to the PERSONAL DATA AND PRIVACY provisions set out below.
We may revise these LiveSmart Member Terms from time to time in order to reflect (i) any changes in relevant laws or regulatory requirements (ii) any changes to the Site and/or the Services that are necessary to make as a result of changes to the way we receive services from our third party suppliers or (iii) any modified or additional Services we may cease to make available or make available and which you agree to receive. If we have to revise these LiveSmart Member Terms we will give you at least 7 days notice of any changes to these LiveSmart Member Terms before they take effect. You can choose to cancel the Services contract by notifying us by email to firstname.lastname@example.org if such changes materially disadvantage you.
GEOGRAPHICAL RESTRICTIONS: LiveSmart’s Services available through the Site, are not available in locations outside the United Kingdom. Members access our Site and the Services on their own initiative and are responsible for compliance with local laws.
SECTION A - MEMBERS - HEALTH ASSESSMENT
- As a Member, and provided you remain a Member, you will be enabled via your account and its personal profile dashboard (“Account”) to engage with our online service and undertake a single general health assessment based on the health details you provide and your supply of a blood sample for testing, and to receive guidance from our doctor based on the results of the health assessment provided (“Services”) which will be presented to you via your Account dashboard. Our aim is to help a Member be more proactive about his/her health by helping him/her to identify potential health risks. Our blood tests and guidance for Members are intended to promote our Members making small proactive changes in their lives to help them minimise future risk.
- We conduct out blood testing and phlebotomy services using external third party services.
- Our Services including the blood tests are not a diagnosis tool. Your Account dashboard will provide a graphical representation of any outcomes obtained and enable you to access recommendations made. If a Member’s test results indicate to our doctor that further investigation is required the Member will be guided to his/her general practitioner or existing healthcare provider(s). Further, due to the volatile nature of blood, blood results may sometimes need to be repeated. Our Services do not replace a Subscriber’s existing healthcare provider(s) but can be used as a supplement to them.
- If you use the Site and/or Services to request further blood analysis re-tests, each such request constitutes a further order which we will notify as being accepted by us pursuant to these LiveSmart Subscriber Terms. You appreciate that our Services will thus allow you to track your progress over time. All Account profile updates will be time-stamped.
- When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information collected by us. We will send you an email link to enable your Account set-up.
- You represent to us that you are at least 18 years old.
- You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone. You are solely responsible for maintaining the confidentiality of your Account Information and you are fully responsible for all activities that occur under your Password or Account. You agree to immediately notify us upon your becoming aware of any unauthorised use of your Account Information or any other breach of security. You remain at all times solely responsible for any and all use of your Account, whether by you or by any other person obtaining access via your Account or using your Password.
- Without limiting any rights which we may otherwise have, we reserve the right to take any and all action which we consider necessary or reasonable regarding the security of the Site and your Account, which may be for example, terminating your Account, changing your Password, or requesting additional information to authorise transactions on your Account. Notwithstanding these rights, we may rely on the authority of anyone accessing your Account or using your Password and in no event and under no circumstances will we be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction under this provision, (ii) any compromise of the confidentiality of your Account or Password, and (iii) any unauthorised access to your Account or use of your Password. You may not use anyone else's Account at any time.
- You promise that all information you provide to us is true, accurate, complete and current when you provide it to us; and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any part thereof).
BLOOD TESTING PROCESS: Unless you pursue a clinic visit or a home or office visit as your chosen route to providing your blood sample, we will post the LiveSmart test kit to you on the next working day after we have accepted your order. This test kit is for you to collect your own blood sample in accordance with the blood collection protocols provided, and contains instructions as to how to submit your blood sample along with a request form. Complete your personal details on the form provided entitled “request form” – and also on the blood sample(s). Blood samples that are not fully and correctly labelled cannot be processed.
- The validity of the test kit will expire after 30 days, so you are required to collect and post your blood sample well within that period. You acknowledge that test outcomes depend on the quality of the blood sample provided by you so you agree to adhere to the blood collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. You may, at our discretion, be given the opportunity of retesting if a partial result is reported by the applicable laboratory, and similarly if your blood sample was clotted.
- We anticipate that the results of the blood sample analysis will be available within 5-10 working days from the date received by the applicable laboratory depending on the assessment type, following which we will notify you by email that your Account dashboard has been updated accordingly.
- You acknowledge and agree that we bear no responsibility of any kind for your derivation or extraction of information from your Account (and/or our Site and/or our Services) nor for any dissemination of that information once shared by you anywhere outside of your Account or elsewhere. You acknowledge and agree that you remain responsible at all times for your use of such information and we are without obligations on your behalf in respect of it.
CANCELLATION AND REFUNDS: you will have no right to cancel the Services contract if you have submitted your blood sample for testing and we have made available your Health Assessment results via your Account dashboard within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and we have therefore fully performed the Services contract as it relates to your first Health Assessment order. This provision will apply in similar manner to each subsequent re-test that you request and order we accept.
- If you cancel the Services contract by emailing us at email@example.com with your written confirmation of cancellation within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and the blood sample you have submitted has been received by the testing laboratory such that we are notified of the results, we will refund you 50% of the charge in respect of Services provided for you up until that time within 14 days from when we receive your cancellation. This provision will apply in similar manner to each subsequent re-test/further Health Assessment that you request and order we accept.
- If (i) you cancel the Services contract by emailing us at firstname.lastname@example.org with your written confirmation of cancellation within 14 days of the day after we have accepted your request to order the Health Assessment (by emailing you accordingly), and (ii) you have not submitted your blood sample for testing in accordance with the request form (or provided your blood sample through attendance at a clinic or personal attendance on you), we will refund the charge less 15 percent to cover the cost of the test kit (which should be disposed of) and carriage within 14 days from when we receive your cancellation. This provision will apply in similar manner to each subsequent re-test/further Health Assessment that you request and order we accept.
- Apart from your cancellation rights above, if you inform us that the test kit received is damaged or defective, we shall send you a replacement, or, at our sole discretion, refund you the charge. This provision will apply in similar manner to each subsequent re-test/further Health Assessment that you request and order we accept.
YOUR ACKNOWLEDGEMENTS: By placing your order, you promise and represent to us that you are legally capable of entering into this binding agreement between you and us; that you are at least 18 years old and you have completed an accurate request form identifying the blood sample as one taken from yourself.
- By placing your order, you promise and represent to us that you are aware of the potential impacts and risks of taking your own blood sample, of blood analysis, and that you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise from these.
- Although we make reasonable efforts to ensure that any information, including test results obtained and displayed by us within your Account dashboard are correct, we make no representations or promises of any kind in respect of the timeliness, accuracy or completeness of any of that information. You acknowledge that you are unable to rely on the content or information displayed in your Account dashboard (based on the results of the blood test and Health Assessment we provide as Services to you) alone to base your decisions about any personal and/or medical issues.
- You acknowledge and agree that our Services are not a substitute for actual medical diagnosis, consultation with a doctor, any doctors’ recommendations, nor the advice and/or treatment to be derived from official health institutions regarding any aspect of your health, medicines, nutrition, lifestyle, treatment methods or related services. Our Services are intended to be used for information purposes only and for drawing attention to the importance of prevention for a longer and healthier life.
- We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation.
- You acknowledge and agree that in rare cases, viable blood samples cannot always be taken from the blood sample actually provided. Any final report/analysis will be deemed successfully completed if up to 14 specific analyses are absent, in which event no further tests will be carried out.
- If you have any questions about the Services or results displayed via your Account dashboard, please email email@example.com and we will arrange a consultation with our expert team. Our Services do not include any telephone or in-person consultation with a doctor, however you may request this independently by sending us an email to firstname.lastname@example.org.
SECTION B - PERSONAL DATA AND
- In this section B, Personal Data refers to information about you that is identifiable to you, such as your contact information namely your address, email address, or telephone number that we request you provide, and any other non-public information that is associated with such information. Anonymised Data means information that is neither used nor intended to be used to personally identify an individual.
- As stated above, our Site and Services are not available to anyone under the age of 18. Should we find out that any Personal Data is that of anyone under the age of 18, we will delete that information as quickly as possible. Please notify us at email@example.com if you have reason to believe we might have obtained information from a child under age 18.
COLLECTION: We receive information (including Personal Data) of a Subscriber when you provide us with the information requested of you when you create your Account profile or otherwise communicate with us through our Site (collectively, “Member Information”). This information may include; (i) Health Information (for example health background, current medications); (ii) Personal Data; (iii) Demographic Information (for example ethnicity, marital status, sexual orientation); and (iv) Lifestyle Information (for example average alcohol consumption). From any of such categories of information, we may create Anonymised Data that no longer personally identifies you from the Member Information otherwise collected.
USE: We will use your Member Information to; (i) administer your Account; (ii) process your payments and fulfill your orders; (iii) verify your identity as a Member; (iv) make available the Services and related support; (v) bespoke features, performance and support of the Site or the Services for you; (vi) market our Services and those of third parties we believe may be of interest to you; (vii) communicate with you over any questions, requests, issues arising and/or troubleshoot problems; (viii) improve the quality of the Site and the Services; and (ix) communicate with you about the Services and/or the Site.
- In addition, we may use Anonymised Data to conduct research or allow others to do so, but only use MemberInformation (including Personal Data) if you explicitly consent to its use for this purpose or for any other purposes. We may use search content or Anonymised Data to analyse usage patterns so that we may enhance the Site or the Services and improve our internal operations and the content of our software, notify visitors about updates to our Site or Services, and improve the effectiveness of our content and advertisements that appear on the Site.
SHARING YOUR INFORMATION: We may share your Member Information with third parties in connection with our performance of the Services or when legally required to do so.
- For example, we may disclose certain Member Information to;
- our third party services suppliers that enable us to provide the Services or the Site such as testing laboratories or doctors; or
- a parent company, any subsidiaries, joint ventures, or other companies under a common control (which we shall require to adhere to the provisions of this Section B); or
- a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process the Subscriber Information consistent with the provisions of this Section B; or
- if we believe in good faith that such disclosure is necessary to (i) resolve disputes, investigate problems, or enforce our terms and conditions of Services; (ii) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorise us to) disclose Member Information; or (iii) protect and defend our rights or property or the rights and property of you or third parties.
CHANGES TO OR REMOVAL OF MEMBER INFORMATION: Unless you have given us consent, we do not verify, modify or otherwise alter any of your Member Information. We may at any time however correct any errors or modify any non-material information.
- You may be allowed to update certain of your Account-related information through your Account Dashboard (and you should in any event keep it updated at all times). If you are not able to update any information, you should request a modification by email directly to firstname.lastname@example.org.
- DELETION: You may request deletion of your Member Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).
- When we delete Member Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymised Data about your use of our Service.
We employ reasonable technical, organisational and physical security methods to help protect against unauthorised access to Member Information; However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that LiveSmart makes no warranty, guarantee, or representation that use of any part of our Site is protected from viruses, security threats or other vulnerabilities.
- Please report any breach of security of which you may become aware by email to email@example.com.
SECTION C – USE OF THE SITE AND SERVICES
SERVICES ACCESS. We hereby grant to you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use only as permitted under these LiveSmart Member Terms.
- You agree that you will not, and will not attempt to: (a) interfere in any manner with the operation of the Services or Site or their means of delivery; (b) re-sell, duplicate or transfer in any way any of our Site or Services to any third party or otherwise use the Services or Site for the benefit of a third party or otherwise than for the purposes and in accordance with these LiveSmart Member Terms; (c) modify, copy or make derivative works based on any part of the Services, the Site or any underlying software, technology or other information, including any printed materials of the same; (d) create Internet "links" to or from the Services or Site, or "frame" or "mirror" any of LiveSmart content which forms part of the Services or Site; or (e) use the Services or Site otherwise than in accordance with the limitations stated in these LiveSmart Member Terms.
- You acknowledge that use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these LiveSmart Member Terms.
ACCEPTABLE USE OF THE SITE AND SERVICES. You agree not to use the Site or Services: (a) in breach of any applicable laws or regulations (b) to stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or any connected servers or networks or breach any policies or regulations of such networks. You may not reverse engineer, disassemble, decompile, or translate any components of the Site or Services, attempt to derive the source code of any components of the Site or Services, or authorise or assist any third party to do any of the foregoing. You may not (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
We may change the parameters of any acceptable use policies we may establish from time-to-time governing your conduct as a Member.
In addition to the above, you agree that you will not: (1) create a false identity for the purpose of misleading others or use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (2) infringe someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights; (3) use the Site or any Service for unsolicited commercial or non-commercial communication; (4) interfere with others using the Site; (5) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment; (6) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services; (7) use any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any part of the Site and/or Services; (8) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (9) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Site; or (10) systematically collect or use any content from the Site or Service, including through the use of any data mining, or similar data gathering and extraction methods.
ACCURACY OF INFORMATION. Whilst we take reasonable measures to ensure that any information, pictures or graphic depictions, descriptions or other content on the Site are accurate we do not represent or promise that any of these are error free or current and we recommend that they are not relied upon in their entirety. You agree to notify LiveSmart immediately if you become aware of any errors or inconsistencies in the information or content provided on the Site and comply with any corrective action taken by LiveSmart.
THIRD PARTY CONTENT AND MONITORING. Parties other than LiveSmart may offer and provide products and services on or through the Site. Except for LiveSmart branded information, products or services that are identified as being offered by LiveSmart, LiveSmart does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. LiveSmart is not responsible for examining or evaluating, and LiveSmart does not warrant the offerings of, any of these businesses or individuals or the content of their websites. LiveSmart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
LINKS. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents all of which belong to applicable third party providers. We have no control over, do not review, and cannot be responsible for, these third party websites or their content. You access any such other websites linked to the Site at your own risk. When leaving our Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third party’s website. Under no circumstances will LiveSmart be liable for or in connection with any service, product, information, software or links made available at any other website, internet location or source of information, nor for any use made by you of any of them or for the acts or omissions of any such websites or their respective operators.
INTELLECTUAL PROPERTY RIGHTS. LiveSmart and/or its licensors are the owners of all intellectual property and like proprietary rights in the Site and the Services, all webpages, software programs, proprietary methods and systems and content materials (collectively “LiveSmart Property”). None of the LiveSmart Property may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors and only used by you for your personal purposes; being for reading, viewing and/or printing of one available copy of the applicable LiveSmart Property (provided that all copyright, trademark and other proprietary notices are left intact). Any other use of blood analysis information, such as the reproduction, modification, distribution, transmission, re-publication, or use of such content is not permitted. You agree to adhere to all copyright notices, information, or restrictions contained in or attached to any of the LiveSmart Property and not to remove or alter any such notice, information or restriction. Nothing in these LiveSmart Member Terms grants you any right to receive delivery of a copy of any technology forming part of the LiveSmart Property or to access it except as generally and ordinarily permitted through the Site according to these LiveSmart Member Terms.
SECTION D – OTHER IMPORTANT TERMS
CANCELLATION RIGHTS. In circumstances other than those set out in clauses 14, 15, 16 and 17 above; (i) you may delete your Account and end your ongoing Member registration at any time, for any reason by sending an email to support@getLiveSmart.com; and (ii) LiveSmart may terminate your use of the Site, your Account and/or registration for any reason at any time without any liability to you.
- Cancellation under clause 47 above may involve deletion of your information from our live databases as well as any content that you uploaded to the Site via your Account dashboard.
- OUR LIABILITY TO YOU
Nothing in these LiveSmart Member Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
If we fail to comply with these LiveSmart Member Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these LiveSmart Member Terms or our negligence (but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this Member contract.
Please note that we only provide our Site and Services for domestic and private use. You agree not to use our Site and any Services provided 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 will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, tradenames, service marks or logos ("Marks") of LiveSmart or other entities. You are not permitted to use any such Marks other than as allowed under these LiveSmart Member Terms. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
- The validity, interpretation, construction and performance of these LiveSmart Member Terms are governed by English Law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If we fail to insist that you perform any of your obligations under these LiveSmart Member Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we automatically waive any later default by you.
- Each of the paragraphs of these LiveSmart Member Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will
- The section titles in these LiveSmart Member Terms are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in these LiveSmart Member Terms creates an agency or partnership.
- You may only transfer your rights or obligations under these LiveSmart Member Terms with our prior written consent, and any attempted transfer will otherwise be null and void.
- These LiveSmart Member Terms and the Services contract formed between you and us is not intended to be for the benefit of, and shall not be enforceable by any person, other than a party to it.
BREACHES. Please report any breaches of these LiveSmart Member Terms to info@getLiveSmart.com.
© Livesmart U.K. Limited 2017