LIVESMART UK USER TERMS 2018
Information About Us
These LiveSmart User Terms govern your order of the services we make available from www.getlivesmart.com (the “Site”), a website operated by Livesmart U.K. Limited (“we”/“us”/ “our”). Our registered office address is: 58-64 City Road, London, EC1Y 2AL, UK.
Please read the following important terms and conditions before you sign up to the LiveSmart service and confirm that they contain everything that you want and are willing to agree to.
How to Contact Us
You may contact us between the hours of 9:00am to 5:00pm on Monday to Friday by any the following methods:
Phone Number: 0330 808 0942
Post: LiveSmart UK Ltd, Att: Operations, 58-64 City Road, London EC1Y 2AL
Information about these Terms
These LiveSmart User Terms apply to the exclusion of the LiveSmart Website Terms but not our Privacy Statement.
These Terms together with our Privacy Statement and Website Terms form a legal contract between you, the ‘User’ and Us and apply between You and Us in relation to any use which you make of the Site.
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.
We may revise these LiveSmart User 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 User Terms we will give you at least 7 days notice of any changes to these LiveSmart User 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.
LiveSmart’s Services available through the Site, are not available in locations outside the United Kingdom. Users access our Site and the Services on their own initiative and are responsible for compliance with local laws.
Becoming A User
Once you have registered, you will receive an order confirmation email from us which will confirm your order and a welcome email from us which will confirm the process and your collection method. This email will also prompt you to login to your online account and complete your health profile.
Information about the Services
The LiveSmart Health Assessment includes an online health survey and blood testing.
We conduct our 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 User’s test results indicate to our doctor that further investigation is required the User 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 User’s existing healthcare provider(s) but can be used as a supplement to them.
As a User, and provided you remain a User, 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 User be more proactive about his/her health by helping him/her to identify potential health risks. Our blood tests and guidance for Users are intended to promote our Users making small proactive changes in their lives to help them minimise future risk.
Blood Testing Process
- There are 3 collection methods to have your blood taken. These are a homekit, clinic visit and nurse visit.
- 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 home 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.
- Blood samples may fail in the instance that blood clots before reaching the lab. This may be either a complete failure or a partial failure, where a couple of tests cannot be processed. It is our policy to process your report if 2 or less tests fail. Where there are more than 2 test failures, you will be advised and asked if you would like to complete a second test at your own cost.
- If you choose to have a nurse or clinic visit, please note that if you cancel or change your appointment 48 hours or less prior to your appointment time, your booking fee will be non refundable and non transferable, and you may be liable for cancellation charges. In order to rebook your appointment, you will be required to pay a new fee to LiveSmart in order to rebook your nurse or clinic visit.
- 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 if you choose to have your blood collected in a manner not specified within your LiveSmart order. For example: If you purchase a homekit, and later decide to have your GP take your blood venously - this is at your own risk and no kit to do so will be provided by LiveSmart.
- 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.
Your Online Account
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 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 at the time 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).
Health Coaching is provided by our registered Dietitians as part of our Health Improvement Programmes. Health Coaching is a process that facilitates healthy, sustainable behaviour change by challenging a client to listen to their inner wisdom, identify their values, and transform their goals into action. Advice and guidance provided to you by our registered Dietitians is aligned with current research and medical knowledge. It is your choice to take action on any advice or guidance provided by our team. Notes regarding your health coaching call with corresponding actions for your health plan will be kept as part of any coaching you undertake and we will store these notes within your secure online account.
Submitting orders and Formation of contract
If you place an order through our site www.getlivesmart.com you will be required to make payment or provide a promotional code.
We will let you know the charges for the Products and Services before you place an order with us.
Payment is required up front and you will not be able to receive the Products or Services until we receive payment in full.
Payment may be made by debit/credit card.
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 in accordance with these LiveSmart User Terms. You appreciate that our Services will thus allow you to track your progress over time.
Your rights to cancel the products or services
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that in most cases, you can cancel within 14 days. If you agree that a service will start within this time, you may be charged for what you have used.
The Consumer Rights Act 2015 states:
You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can’t fix it
If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable
If a time hasn’t been agreed upfront, any service we provide must be carried out within a reasonable time
For more detailed information on your key rights, please contact Citizens Advice www.citizensadvice.org.uk
How to cancel your products or services
You may delete your Account and end your ongoing User registration at any time, for any reason by sending an email to info@getLiveSmart.com
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 your order 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% 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 a similar manner to each subsequent re-test Health Assessment that you request and order we accept.
Our rights to cancel the products or services
If we find that you have breached the terms of this agreement, LiveSmart may terminate your use of the Site, your Account and/or registration for any reason at any time without any liability to you.
Complaints and Disputes
If you are unhappy with the services, our service to you generally or any other matter, you may do so by emailing us at email@example.com.
We will try to resolve any disputes with you quickly and efficiently.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information required by law about the consumer ombudsman.
In the event of receiving a complaint, our process is to attempt to resolve the complaint directly with you. If we are unable to reach a resolution, we will escalate this to the relevant manager to investigate the issue further and discuss a resolution with you.
Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
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 firstname.lastname@example.org 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 email@example.com.
Limitation of Liability
Due to the inherent nature of the internet, errors, interruptions and delays may occur at any time with your use of LiveSmart. Accordingly, we cannot be held liable for any such errors, interruptions or delays.
Nothing in these LiveSmart User 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 User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these LiveSmart User 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 User 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 take every care to ensure the services and suppliers we use are of good standing and are registered and accredited with the relevant governing bodies. You may be required to accept our suppliers terms and condition when booking appointments for clinic or nurse visits.
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.
Changes to or Removal of User Information
Unless you have given us consent, we do not verify, modify or otherwise alter any of your User Information. We may at any time however correct any errors or modify any non-material information.
You may be allowed to update certain details 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.
You may request deletion of your User 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 User 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 User 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.
Law and Jurisdiction
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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, its subject matter and its 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 update our Terms from time to time. We will notify You of the changes where required by law to do so.
Last modified on 30/07/2018
Please report any breaches of these LiveSmart User Terms to info@getLiveSmart.com.
You may contact Us in writing by emailing us at firstname.lastname@example.org.