Terms & Conditions

[A] Definitions

[1] Defined terms

[1.1] This agreement and its Schedules contains the contractual terms and end user licence agreement that apply to your use of the App. Some words in these terms have specific meanings and these are set out below:

1. [1.1.1] App means our 'Optimise Health' application.
2. [1.1.2] CQC means the Care Quality Commission
3. [1.1.3] Customer Health Questionnaire and Consent Form means the questionnaire and consent form referred to at clause 11 which you must complete before receiving any of our Services.
4. [1.1.4] In-Person Appointment means a scheduled in-person meeting between you and a Health Professional for the provision of our Services at a Location.
5. [1.1.5] Goods means any health products which you purchase through our App which are delivered to you without an In-Person Appointment.
6. [1.1.6] Health Professional means an individual engaged by us to provide our Services to you.
7. [1.1.7] Location means the place where an In-Person Appointment takes place and must be within one of our approved Postcodes.
8. [1.1.8] Order Process means the steps necessary to place an order for our Services or Goods via the App.
9. [1.1.9] Privacy and Data Protection Policy means the policy at Schedule 3 to these terms.
10. [1.1.10] Remote Appointment means a scheduled meeting between you and a Health Professional taking place by video call or telephone.
11. [1.1.11] Services means the services which may be ordered through the App, as set out in full at Schedule 1 to these terms.
12. [1.1.12] Service Standards means the regulatory and professional standards for delivery of Services by our Healthcare Professionals as set out at Schedule 2 to these terms.
13. [1.1.13] 2008 Act means the Health and Social Care Act 2008 and all associated regulations.

[B] Use of the APP

[2] Licence

[2.1] We license you to download and use the App provided you follow all of the rules described in this agreement. The licence included in this agreement:

1. [2.1.1] Is only for you personally and for non-business use
2. [2.1.2] Starts when you download the App; and
3. [2.1.3] Covers Goods and Services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

[2.2] You are responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and that they comply with them.

[2.3] In this agreement, we refer to the site that you download the app from as the 'app store' and we refer to their rules and policies as the 'app store rules'. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.

[2.4] You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.

[2.5] If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.

[2.6] You are not allowed to:

1. [2.6.1] Modify the App's code in any way, including inserting new code, either directly or through the use of another app or piece of software;
2. [2.6.2] Deliberately attempt to avoid or manipulate any security features included in the App; or
3. [2.6.3] Pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).

[3] Technical requirements

You are responsible for making all arrangements necessary for you to have access to the App, including all the hardware and software necessary to access, receive and view it.

[4] Support and contact

[4.1] If you need to get in touch with us, you can use any of the following methods:

• Email: support@optimisehealth.com
• Post: 21 Knightsbridge, Ground floor serviced office 20, SW1X 7LY

[4.2] If we need to get in touch with you, we will do so by email or an in-app notification.

[5] Privacy and your personal information

[5.1] Protecting your personal information is important to us. Our Privacy and Data Protection Policy at Schedule 3 explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

[5.2] We may use your contact details to provide health updates and details of special offers or other marketing information which we consider may be of interest to you. If you wish not to receive these communications please select 'unsubscribe' and your preferences will be updated.

[6] Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

[7] Location data

[7.1] The App makes use of functionality on your device that can pinpoint your location. We do this in order to assist with arranging In-Person Appointments.

[7.2] When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances.

[7.3] You can change your choices at any time in the App settings, and you can also turn the location services off at any time. The App will still function if location services are off, but its functionality may be reduced.

[8] Acceptable use

[8.1] You must not use the App to do any of the following things:

1. [8.1.1] Break the law or encourage any unlawful activity;
2. [8.1.2] Send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
3. [8.1.3] Infringe our or anyone else's intellectual property rights (for example, by using or uploading someone else's content);
4. [8.1.4] Transmit any harmful software code such as viruses;
5. [8.1.5] Try to gain unauthorised access to computers, data, systems, accounts or networks; or
6. [8.1.6] Deliberately disrupt the operation of anyone's website, app, server or business.

[9] Updates to the App

[9.1] We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

[9.2] Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

[9.3] We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

[10] Failures of networks or hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.

[C] Customer Health Questionnaire And Consent Form

[11] Completion of Customer Health Questionnaire and Consent Form

[11.1] Before we are able to provide any of our Services you must complete and submit our Customer Health Questionnaire. This must be completed through the App.

[11.2] You are required to answer the Customer Health Questionnaire fully and truthfully and must update it when necessary. We will not be responsible for any damage arising from incorrect information on the Customer Health Questionnaire.

[11.3] The Customer Health Questionnaire will be checked by us to ensure that any Services that you decide to order are appropriate for you.

[11.4] We may ask you to confirm that the information in your Customer Health Questionnaire remains correct before accepting an In-Person Appointment.

[11.5] If you fail to complete the Customer Health Questionnaire more than 48 hours prior to any In-Person Appointment we reserve the right to cancel that In-Person Appointment in accordance with clause 17.

[11.6] If we decide following receipt of your completed Customer Health Questionnaire that certain of our Services would not be appropriate for you we will inform you and any relevant In-Person Appointments will be cancelled in accordance with clause 17.

[11.7] There may be occasions during an In-Person Appointment when our Health Professional decides that you are unable to receive Services which you have ordered for reasons outside of our control, for example, because of high blood pressure, which is a contraindication for receiving an intravenous drip. For the purposes of our cancellation policy this will be treated as a cancellation of an In-Person Appointment in accordance with clause 17.2.2 and you will be entitled to a 50% credit on your next order.

[11.8] If we decide, at an In-Person Appointment that you have completed any part of the Customer Health Questionnaire incorrectly we reserve our right to cancel your order (or the relevant parts of it) at the time at which this decision is taken. This will be treated as a cancellation less than 24 hours before the In-Person Appointment in accordance with clause 17.2.3 and no refund or credit will be offered.

[11.9] All decisions concerning your suitability for treatment are made at our sole discretion.

[D] Orders For Services

[12] Purchase of Services

[12.1] Our Services are delivered by our Healthcare Professionals in accordance with our Service Standards which are set out at Schedule 2.

[12.2] To place an order for our Services you must follow the Order Procedure on the App. This allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

[12.3] Your order for Services via the App is an offer by you to enter into a one-off purchase for the supply of certain Services. If we accept your order, you will be notified by the App and via e-mail. We don't have to accept every order, and sometimes we may not be able to because, for example, our Healthcare Professionals are not available at the requested time or Location.

[12.4] The purchase of Services will become legally binding on you and us when you receive the in-App notification or e-mail. Each purchase shall incorporate all of the terms in this agreement and shall be a new and separate contract between you and us.

[12.5] Following your order we will arrange either an In-Person Appointment or a Remote Appointment for the delivery of the Services.

[12.6] The fees for purchases of Services are set out during the Order Process. They include the price of the Services, travel, the cost of the treatment supplied, and any applicable VAT. If the price or fees we state to you for your order is clearly incorrect then we are not obliged to provide you with the relevant Services at that price or fees even if we have accepted your order.

[12.7] We can make changes to the fees for purchases of Services at any time.

[12.8] You shall pay the fees by the payment methods set out in the App Order Process. You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the card holder to use it.

[12.9] You must pay all amounts due under this agreement in full. We may, without limiting our rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

[13] The Services

[13.1] Our Services will conform with these terms.

[13.2] We take reasonable care to make sure that the description of our Services on the App are accurate and up to date.

[13.3] It is your responsibility to review the description and information on the product pages on our App carefully to ensure that it is suitable for your needs. This includes a list of key ingredients for any of products that will be administered as part of our Services. A full list of ingredients is available upon request.

[13.4] You should also check the estimated duration of any In-Person or Remote Appointment to ensure that you will be able to attend for the whole of the required period. Please note that the duration of In-Person Appointments for certain Services can vary from person to person and that the estimated duration is not a guarantee that an In-Person Appointment will not take longer.

[13.5] We may make changes to our Services from time to time, including to improve or adjust our products and their formulation and to comply with laws.

[13.6] We may need to suspend the provision of Services to you, for example to deal with technical problems or to make changes as described in section 13.5. If we suspend supply, we'll tell you as soon as we can how long the suspension will be for.

[13.7] In the case of certain Services, we will require you to have an initial consolation with a Health Professional to ensure its suitability for your needs. This will be carried out at an initial Remote Appointment and will be booked in accordance with clause 15.

[13.8] Please be aware that the description of our Services and the suggested benefits which can be viewed on the App have not been the subject of extensive research and do not comprise medical advice on which you can rely. Please refer to Schedule 2 for information about our Service Standards.

[14] Consent

[14.1] By placing an order for one of our Services, you give your consent to the delivery of that Service by one of our Healthcare Professionals in line with our Service Standards as set out at Schedule 2.

[14.2] Please be aware that delivery of some of our Services will require physical examination by a Healthcare Professional and the carrying out of a blood test or use of an intravenous drip. The procedures involved will be listed on our App and available to view prior to making any order.

[14.3] Some of our Services require the use of your personal data by third parties. This may be laboratories who carry out tests and produce reports, or third party suppliers who provide us with administrative or IT support. These third parties are classed as "Sub-Processors" in our Privacy and Data Protection Policy which is set out at Schedule 3. By placing an order for these Services you give your consent to these third parties using your personal data for that purpose in accordance with the Privacy and Data Protection Policy.

[14.4] You may at any time withdraw your consent to delivery of any Service which you have ordered. If you do so, the provisions of clause 17.2 will apply and you may be entitled to a full or partial credit depending on when you inform us that your consent is withdrawn.

[15] Remote Appointments

[15.1] If you order a Service which is delivered via a Remote Appointment, or a Service under clause 13.7 that requires an initial Remote Appointment, you will be prompted by the App to select your preferred date and time from a list of available booking slots. The appointment will be confirmed via an in-App notification and e-mail.

[15.2] Certain Services allow you to select a preferred Health Professional for the Remote Appointment. By doing so, you accept that the available dates and times for a Remote Appointment may be more limited because of that particular Health Professional's availability.

[15.3] The arrangements for the Remote Appointment will be made with you directly via an e-mail containing a link and instructions about how to connect with our Health Professional. You should ensure that your internet or telephone connection is sufficient for the holding of a video or telephone call.

[15.4] If the Remote Appointment cannot take place due to your poor internet connection, faulty components in your device (such as a faulty camera), or any other reason outside our control, that will be treated as cancellation less than 24 hours before the Remote Appointment in accordance with clause 17.2.3 and no credit will be offered.

[16] In-Person Appointment

[16.1] If you order a Service which is delivered at, or involves, an In-Person Appointment you will be asked to select your preferred date and time from a list of available booking slots for the In-Person Appointment using the App. The appointment will be confirmed via an in-App notification and by e-mail

[16.2] You will also be prompted by the App to select a Location. The Location should be:

1. [16.2.1] A place where the In-Person Appointment can take place privately and without interruption for the whole of its expected duration;
2. [16.2.2] A place where you are able to sit or lie down, which is well lit ventilated, and which has access to a bathroom.

[16.3] Once the In-Person Appointment has been confirmed it will proceed unless rescheduled in accordance with clause 16.4 below or cancelled in accordance with clause 17.

[16.4] If the booked date and time for a confirmed In-Person Appointment becomes impossible for us to fulfil we may contact you via an in-App notification and by e-mail to offer to reschedule your In-Person Appointment. In that case we will provide you with a fresh list of available booking slots for you to chose from. If you decide not to reschedule the In-Person Appointment for one of these slots, it will be treated as cancelled by us in accordance with clause 17.1.

[17] Cancellation of Appointments

[17.1] We may cancel an In-Person or Remote Appointment at any time and for any reason. Upon cancellation by us, which will be sent via an in-App notification, you will receive a full credit for the cost of the relevant Services.

[17.2] You may cancel an In-Person or Remote Appointment for any reason, including the withdrawal of your consent to delivery of the Services, by using the 'cancel' function in the App. If you do so, the following terms will apply:

1. [17.2.1] For cancellations notified to us more than 48 hours before the time booked we will issue a full credit of the price for the relevant Services;
2. [17.2.2] For cancellations notified to us between 48 and 24 hours before the time booked we will issue a credit of 60% of the price for the relevant Services; and
3. [17.2.3] For cancellations notified to us less than 24 hours before the time booked a cancellation fee of £150 will be charged to you and any credit balance from your initial payment will be available for you to apply in accordance with clause 17.3.

[17.3] A credit for a cancelled Appointment may be redeemed against future orders via the App for Services or Goods.

[E] Orders For Goods

[18] Purchase of Goods

[18.1] To place an order for our Goods you must follow the order procedure on the App. The Order Procedure allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

[18.2] Your order for Goods is an offer by you to enter into a one-off purchase for delivery of certain Goods. If we accept your order, you will be notified via the App. We don't have to accept every order, and sometimes we may not be able to because, for example, our products may become out of stock.

[18.3] The Goods purchase will become legally binding on you and us when you receive the in-App notification and confirmation e-mail. Each purchase shall incorporate all of the terms in this agreement and shall be a new and separate contract between you and us. Following your order we will make the Goods available to you.

[18.4] The fees for purchases of Goods are set out during the Order Process. They include the price of the Goods, delivery, and any applicable VAT. If the price or fees we state to you for your order is clearly incorrect then we are not obliged to provide you with the relevant goods or services at that price or fees even if we have accepted your order.

[18.5] We can make changes to the fees for purchases of Goods at any time.

[18.6] You shall pay the fees by the payment methods set out in the App Order Process. You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the card holder to use it.