Terms of Service

Welcome to Holly Health! Our full name is 'Holly Health Ltd'. We are called "we", "us", "our", or "Holly Health" in these Terms).

We talk about our website (https://hollyhealth.io) (the "Site") and our mobile application (the "App") (and anything we might provide in the future) together as Holly Health or as our "Platform".

Holly Heath provides a digital coach (the Holly Bird) to help develop small healthy habits, and our services are as described on the Platform (our "Services").

Please read our Terms and Privacy Notice carefully.
It will take about 10-15 minutes if you read the whole Terms.

1. Health Liability

Health notice – please read this before using our Services

The Holly Health App has been designed to promote healthy lifestyle and habits, according to approved national health guidelines in the UK.

However, if you use the Platform you do so voluntarily and at your own risk. You acknowledge that we may share educational material and suggestions with you via the Platform. These guidelines and suggestions are based on national guidelines and population averages; they are not specifically tailored to you as an individual and are not intended as direct advice.

Use of the Platform does not create a physician-patient relationship.

You should seek guidance from a doctor before adopting changes to nutrition, exercise, sleep, and other habits which the Platform may suggest. This is especially true for:

● individuals with a pre-existing medical condition such as diabetes, heart disorders, damaged kidneys, low bone density, eating disorders, cancer in active treatment or any other condition where your doctor has recommended abstaining from making changes like the ones listed above.
● individuals over the age of 70.
● individuals who are pregnant or nursing.

If you ever feel unwell while using the Services, consult a doctor as soon as possible.

Holly Health's Platform is not approved as a medical device and is not intended to diagnose, treat, cure or prevent any disease or condition. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Platform for treating any medical condition. Holly Health has not sought or received any rulings from the UK Medicines and Healthcare products Regulatory Agency ("MHRA") as to the safety or effectiveness of the Application for medical purposes. Holly Health uses clinical risk management processes, including a live hazard log, to reduce clinical risks, is DTAC approved, and the Holly Health Clinical Safety Officer is Leon Wan ([email protected])

2. Requirements for using Holly Health

You must be at least 18 years of age to use our Platform. By using our Platform, you are confirming to us that you meet this requirement. If it is reported to us at [email protected] that a child is using the service, we will swiftly act to close the account and advise that the service is not accessible by children at present. Additional eligibility criteria may apply to parts of our Platform, and we will tell you if that is the case. You must ensure you satisfy all of the minimum eligibility criteria before registering with us. If you register, you confirm to us that you do meet all of the minimum eligibility criteria.

3. Registering with Holly Health

To use our Platform, you must download the App and set up an account with us by completing the account registration process on our App (an "Account") or on one of our registration webpages. You need to provide us with accurate, complete and up-to-date contact information, including name and email address.

You only need to register once.

We reserve the right to carry out checks (including checks with credit reference agencies) to confirm your identity and to establish your creditworthiness. By agreeing to these terms, you agree to our doing this.

You acknowledge and agree that you are solely responsible for all use you make of any Service.

We have a zero-tolerance policy for abuse. We reserve the right to disable your Account, at any time, if we think you have not complied with any part of these Terms.

4. Our Services

Holly Heath provides a digital coach (the Holly Bird) to help develop small healthy habits, and our services are described on the Platform (our "Services"). We warrant that the Services will substantially conform to the relevant description and will be provided with reasonable care and skill.

We offer subscription options, which give you access to the Service for the period of time selected by you from the available options.

We also work with healthcare and employer providers who may cover the cost of your service for a set period of time (such as 6 or 12 months), meaning you DO NOT pay for Holly Health. We also offer a gift card service where prices and access periods may vary.

5. Setting up your subscription

FREE users (i.e. service is set up by your healthcare provider or employer):

Once you have registered your account with us, you may log in to the app without subscribing, and no payment method will be requested. You will have free access for a set period of time, such as 6 or 12 months. In this case, a subscription is NOT required.

Paying subscribers:

Once you have registered with us, you may order Services by selecting the subscription period option you would like to purchase and following the prompts on-screen.

You finalise your order when you clicking the ["Pay Now" or "Subscribe"] button on the subscription page in the app.

Your order is an offer to Holly Health to purchase the ordered Services. By clicking on the ["Pay Now" or "Purchase"] button, you enter into an obligation to pay for the Services.

After you place an order, we will send you an acknowledgment that we have received your order. This does not mean that we have accepted your order. All orders are subject to acceptance by us. We are not required to accept your order and may, at our discretion, decline to accept any order for any reason.

If we accept your order, we will confirm such acceptance by sending you a welcome email with confirmation of your order ("Order Confirmation").

Further details for paying subscribers:

You may cancel a new paid subscription within the first 14 days (the "Trial Period"), if it is your first subscription with Holly Health. Your subscription will automatically renew when your current subscription period ends UNLESS:

● you cancel your subscription before your renewal date (see Subscription cancellation), or
● you do not have a paid subscription (for example you are using a gift voucher or your healthcare provider has offered you an account)
● we are no longer offering the Service, in which case we will tell you.

The new subscription period will be the same as the previous subscription period (unless you have changed your subscription period prior to your renewal date).

6a. Payment processes
FREE SERVICE ACCESS:

You may be invited to sign up to use Holly Health for free, through a partner of Holly Health, such as a primary care clinic, a university or your employer. When this is the case, the details of the free access, including the duration of free access (usually 6 or 12 months), will be stated clearly on the signup page. No payment will be taken in this case.

If you have any queries about your free membership, please contact us anytime using [email protected]

Paid Apple or Google Subscriptions:

When are subscription and subscription renewal payments made (for Apple/Google paid subscribers only)?

We will take payment for your first subscription period when the Trial Period ends (if you are a paid subscriber of Holly Health, via in-app Apple or Google Play payments). If your subscription to a Service renews (see Our Services), then we will then take payment on (or shortly after) the renewal date at the start of each subsequent subscription period. We will automatically charge your account (via the Apple App Store or Google Play store) with the relevant charges for that renewal period – unless you have already cancelled your subscription (see Subscription cancellation).

For example – if you sign up for a monthly subscription on 1 June, we will take payment for your first month when the Trial Period ends on 15 June. We will then take payment for each subsequent month on the first day of each month, unless you cancel before the next subscription period begins.

We will tell you before we increase any charges, and you will have the chance to cancel before your subscription renews.

We will aim to take payment (via the Apple App Store or Google Play store) in respect of all charges to your account from the same credit or debit card that you have previously paid with (unless you have provided details of an alternative card in your name that we should use). You authorise us, on an ongoing basis, to debit that card (or, if relevant, the alternative card) automatically with all charges due and payable by you in relation to any Service in accordance with these terms, until that Service is cancelled or your account is closed.

How are payments made (for Apple/Google subscribers only)

Payment for subscription orders are made through the Apple App Store or Google Play store subscription functions.

Payment transactions are subject to validation checks by your card issuer. We are not responsible if your card issuer declines to authorise payment for any reason. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Charges for any additional usage or optional extras (in accordance with our charging method as set out on the Platform) will also be charged to your account.

You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us.

If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

What if a price is incorrect, or changes? (for Apple/Google subscribers only)

The charges for Services are as quoted on the Platform from time to time. Charges include VAT.

We may change charges at any time. Any changes will not affect orders we have already confirmed with an Order Confirmation. The Platform contains a range of Services and it is possible that, despite our best efforts, some of the Services listed on the Platform may be incorrectly priced. We will normally verify charges as part of our order-checking procedures.

● If a Service's correct charge is less than our stated charge, we will charge you the lower amount.

● If a Service's correct charge is higher than the charge stated, we may contact you for instructions or we may reject your order (and tell you we have rejected it).

How do discounts work?
DISCOUNTS: We may, from time to time, offer discount codes or promotional access. Discounts can be used in part-payment or full-payment of the charges for the Services, subject to the terms of the discount code (which will be included in our promotion for the relevant code).

6b. Gift Codes

GIFT CODES/ VOUCHERS: Can be purchased through some external partners. They cover the full cost of the service for a set period of time, for example 6 or 12 months. Gift cards can be redeemed via this web page only: https://hollyhealth.io/giftcard.
Discount and gift codes can only be used only: during the validity period and by brand new user accounts. Discount codes or gift cards cannot be redeemed for cash.

7. Consumer cancellation rights (for paid subscribers)

We begin providing the Services immediately following the Order Confirmation.

If you sign up for a Subscription, as a brand new customer, you have the right to cancel the Contract within the 14-day Trial Period. If you cancel within this 14-day Trial Period, you will not pay any charges.

If you don't cancel the Subscription before the Trial Period ends, you authorise Holly Health to automatically charge you the agreed price each subscription period, until you cancel the subscription.

● To cancel a Contract, you must clearly inform us, preferably: by email, giving us your name, email address and order reference, or
● by completing and submitting our cancellation form available in your account or on our Platform, or
● by cancelling your subscription directly in your Apple Subscriptions of Google Play Subscriptions

Nothing in this section affects your legal rights.

8. Subscription cancellation (for paid subscribers)

If you do not want your Service subscription to automatically renew you must update your subscription renewal settings in your account on the Platform at least 1 day before the renewal date. If you do not do this, then charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to tell us before renewal.

Subject to your Consumer cancellation rights, you cannot cancel your subscription before the end of the then-current subscription period, UNLESS:

● the Services you subscribed to either stop being available or are reduced in a way that materially and adversely affect the Services and it is not fixed within 7 days; or
● we make changes, in the circumstances described under Changes to the Terms, Services, and prices, to which you do not agree.

In any of these cases, you should tell us that you wish to cancel your subscription in which case we may, in our discretion, offer you a partial refund of the advance charges you have already paid.

9. Defective Services

If any Services you order are defective (in other words, do not comply with the requirements of the Contract), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights.

If you believe a Service is defective, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

10. Our refunds policy (for paid subscribers)

If you cancel a Contract and we have chosen to offer you a partial or full refund, we will process any refund due to you as soon as possible and, in any case, within 14 days after you notify us of cancellation. Please note, if we haven't yet taken payment for the relevant subscription period, there won't be anything to refund to you.

If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

11. Changes to the Terms, Services, and prices

Holly Health may make changes to these Terms, any Service, or our prices from time to time.

If we make changes, we will not (unless you agree):

● make any changes to a Service you have already paid for that would significantly reduce the type or level of service you receive (unless we need to do so for security, legal or regulatory reasons) and/or

● increase the charges you are required to pay (save as set out in section 6 (Payments) above).

We will always give you as much notice as we reasonably can of significant changes so that you may accept the changes or cancel your Service subscription (without penalty) (see Subscription cancellation).

● If you do not accept the changes, you can terminate these Terms within 30 days after such changes take effect / before the date the changes come into effect (we will tell you this.

● If you do not cancel your subscription or you continue to use Holly Health for 30 days after such changes, this means you accept the changes.

We may from time to time need to temporarily modify or discontinue any of the Platform with or without notice – for example, to release new features. If you continue to use Holly Health for 30 days after such changes this means you accept the changes.

12. Service suspension and termination

We may, from time to time, with or without advance notice, temporarily suspend all or part of the Services or the Platform for repair or maintenance work or to update or upgrade any contents, features or functionality.

We may, with or without advance notice, terminate any Contract or suspend and/or terminate any Services and/or your use of your account if:

● you breach any of these terms;
● you fail to pay any correctly billed charges when due; or
● you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

If you breach these terms, we may take action as we think appropriate. This might include, with or without notice, all or any of the following actions:

● issuing a warning to you,
● immediate, temporary or permanent removal of any content submitted by you,
● immediate, temporary or permanent withdrawal of your right to use any Services,
● legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach,
● disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary, and/or
any other action we decide is appropriate.

If your account, or any Contract or Services ends for any reason (including if, in accordance with these terms, you cancel or do not renew your Services subscription):

● all rights granted to you under these terms will immediately cease;
● you must promptly discontinue all use of the relevant Services; and
● you must pay us all outstanding amounts that you owe us.

You may delete your account at any time on at least 5 days' notice, but you must notify us if you wish to do so (see Contacting us), and this will not cancel any subscription you have already paid for. Please be aware that account deletion and Apple and Google Subscriptions are not directly linked, and you must cancel directly with Apple or Google, should you wish to cease subscription payments.

13. Our promises to you

We:

✔ have the right to enter into these Terms, and to supply the Platform and Services as set out in these Terms.
✔ will provide the Platform and Services with reasonable care and skill and in accordance with good industry practice.
✔ will not knowingly introduce any viruses (any computer software routine intended or designed to disable, damage, erase, disrupt or impair the normal intended operation of, or provide unauthorised access to or modification or monitoring of, any computer system or any software or information stored on any computer system, including viruses, worms, time bombs, time locks, drop dead devices, access codes, security keys, back doors or trap door devices) into our Platform. We will use an industry recognized security software program to aim to detect the presence of any virus.
✔ will comply with all applicable laws for the time being in force.

We cannot ensure and therefore cannot promise that:

❌ the Platform will meet your specific requirements.
❌ the Platform will be uninterrupted, timely, or error-free.
❌ the results that may be obtained from the use of the Service will be accurate or reliable.

All rights granted to you under these Terms will terminate immediately if you breach them.

We reserve the right to disable any Account, at any time, if in our opinion you have not complied with any part of these Terms, or if any details you provide to register on our Platform prove to be false.

14. Your promises to us

It is your responsibility to ensure your equipment (computers, laptops, tablets or other mobile devices) meets all the necessary technical specifications to enable you to access and use our Platform. The Platform is designed to work best with iOS 10.0 or Android 5 and above.You are responsible for your Account, and all activities that occur under your Account.

You agree that you will:

✔ will only use the Platform for non-commercial use and only in accordance with these Terms.

✔ are responsible for the information you provide to us. You will ensure that any information you provide is accurate, and kept up to date if anything changes.

✔ you must keep your log-on information (like a username and password) confidential, and not share it with anyone else.

✔ will only use our Platform and anything available from Holly Health for lawful purposes (complying with all applicable laws), in a responsible manner, and not in a way that might damage our name or reputation.

✔ will prevent any unauthorised access to, or use of, the Platform or any related documentation (for example, someone else using your Account). If any unauthorised access or use (or other security breach) does occur, you will tell Holly Health as soon as possible.

✔ may retrieve and display content from the Platform on a computer or smartphone screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.

Except to the extent specifically set out in these Terms, you agree that you will not:

❌ access or attempt to access any Services which you have not purchased or subscribed to, or otherwise circumvent security or interfere with the proper working of Holly Health, our Platform or the hosting servers we use.

❌ modify another website or application to falsely imply that it is associated with us,

❌ impersonate any person or entity, or otherwise misrepresent your relationship with any person or entity (including in any User Content).

❌ remove or change any content of the Platform, Services or any material provided or made available by or on behalf of Holly Health to you.

❌ create links to the Platform from any other website, without our prior written consent, although you may link from a website that you operate so long as:
— the link is not misleading or deceptive and fairly indicates its destination, and
— you do not imply that we endorse you, your website, or any products or services you offer,
— you link to (and do not frame or replicate) the home page of the Platform, and
— the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

❌ 'scrape' content or store Holly Health content on a server or other storage device connected to a network, or create an electronic database by systematically downloading and storing all of the content of Holly Health or our Platform.

❌ hack, adapt, create copies, create derivative works, reverse engineer, decompile, disassemble or modify Holly Health or our Platform in whole or in part, except as permitted by law.

❌ interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else's use of any Service.

❌ breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights).

❌ license, sell, lease, transfer, assign, distribute, display, disclose, or otherwise exploit, or otherwise make the Platform and/or any associated documentation available to any third party.

❌ further any criminal or fraudulent activity.

❌ breach of any other acceptable use guidelines that we may issue from time to time.

User content

We may sometimes allow you to upload content and communicate content to other recipients or publicly, for example on comments pages, (collectively User Areas).

We do not control, pre-screen or actively moderate content submitted to User Areas (collectively User Content). User Content expresses the views of their respective authors, and not our views. We may, in our sole discretion, delete, edit or modify any User Content submitted by you, at any time without notice to you.

You:

✔ are solely responsible for the content of your User Content.
✔ must keep any User Content to a User Area relevant and on-topic.
✔ must ensure any User Content comply with the rules in Your promises to us.

You must not submit any Content which:

❌ contains, transmits, distributes, links to or otherwise makes available, or advertises or promotes any Prohibited Content. Prohibited Content means any content that:

— infringes any intellectual property rights or data protection, privacy or other rights of any other person,

— is defamatory or in breach of any contractual duty or any obligation of confidence,

— is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment,

— knowingly false or misleading, or

— that does not comply with all applicable laws and regulations or is otherwise objectionable.

❌ contains, transmits or distributes any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam).

❌ transmits or distributes any virus and/or other code that has contaminating or destructive elements. If possible, include the supplemental explanation in the box below in a hover-to-read or accordion/click-to-expand format.

If you have a concern about any User Content, please contact us.

You agree that, by submitting any User Content, you'll allow us to use and reproduce that User Consent in order to improve our Services.

You grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

If we would like to use any User Content in any way that would identify you (for example, publishing a review), we will ask you first.

15. Links to other websites

We may, from time to time, link to external sites (including affiliate partners' sites) which may include links to third party e-commerce sites, offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them. We do not guarantee that they will be continuously available. Links to external sites do not imply any endorsement of, or association with, their operators or promoters.

We may also have profiles or groups on social media sites. These are governed by those sites' terms and privacy policies; please refer to these external sites for this information.

16. Intellectual Property Rights

All intellectual property rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.

Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform.

You may not print off, copy, store or otherwise replicate pages from the Platform (in whole or in part) without our express prior permission. In the event you print off, copy, store or otherwise replicate pages from the Platform (only as permitted by us and in accordance with these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

17. Our liability

Nothing in these Terms shall limit or exclude our liability to you:

● for death or personal injury caused by our negligence;
● for fraudulent misrepresentation;
● for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
● under Part I of the Consumer Protection Act 1987; or
● for any other liability that, by law, may not be limited or excluded.

Subject to this:

● if you are a consumer (and not a business customer), in no event will we be liable to you for any business losses, and
● if you are a business customer, in no event will we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses,
● and whether you are a consumer or business customer, any liability we do have for losses you suffer arising out of or in connection with any Contract will not exceed the purchase price of the relevant Services and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time we accept your order.

We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.Except to the extent provided in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform or Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or Services or relying on any of its content.

18. Other important legal points

● You may not transfer or assign any or all of your rights or obligations under any Contract.
● All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
● If we fail to enforce any of our rights, that does not result in a waiver of that right.
● If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
● These Terms may not be varied except with our express written consent.
● These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Subscription. We are required by law to advise you that contracts for Subscriptions may be concluded in the English language only and that no public filing requirements apply.
● These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
● Subject to the next paragraph, you agree that any dispute between you and us regarding these Terms or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
● If you are in the EU, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and you may use it if there is a dispute that cannot be resolved between you and us.
● The potential risks of not complying with terms include:
● Accessibility: The Holly Health Platform is compliant with WCAG 2.0 Level AA accessibility guidelines and ISO 9241. We are always open to hearing feedback about what we can change or improve in regards to accessibility. Please email [email protected] if you have any questions or feedback
● Technical issues: If a bug or technical issue is found by a user, the Holly Health team seeks to resolve as quickly as possible. Please email [email protected] if you have any questions or feedback. Any bug reports should be responded to within 48 hours (between Monday-Friday)
● Downtime: If for any reason the service goes down as a result of a technical failure, we have a 24 hour SLA (service level agreement), aiming to be up and running again within that timeframe over 90% of the time.

19. Updates to the Terms

We reserve the right to change these Terms from time to time by changing them on the Platform.
These Terms were last updated on 5th August 2022.

20. How can you contact Holly Health?

If you have any questions about the Terms, our Platform or our Service, please contact us at [email protected].

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