PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE
Terms and Conditions
1. THESE TERMS
1.1 What do these terms cover. These are the terms and conditions on which we make the services you subscribe to or purchase from us (“Services“) available to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who “we” are. We are NUVI Health and Wellbeing Limited (trading as NUVI at www.mynuvi.co) a company registered in England and Wales. Our company registration number is 13621717 and our registered office is at Salvus House, Aykley Heads, Durham, England, DH1 5TS. We are not currently registered for VAT due to being an exempt supply.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org and by post at Salvus House, Aykley Heads, Durham, England, DH1 5TS.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. ACCEPTANCE OF ORDER, SUBSCRIPTION AND FEES
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us and your subscription for the Services (“Subscription”) will start.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service.
3.3 Term of Subscription. Your subscription will commence from the date you receive the order confirmation email as set out in clause 3.1 and will continue until your Subscription is cancelled by you or terminated by us. Your subscription will automatically renew after the initial (and any subsequent) term of your Subscription has expired (“Subscription Period”). The length of a Subscription Period is one calendar month. We will automatically charge you for your subsequent Subscription fees (“Subscription Fees”) using the same payment method used previously.
3.4 Payment of Subscription Fees. You must pay your Subscription Fees (which are set out when you purchase the Subscription) in advance of any Subscription Period. If you fail to pay your Subscription Fees on time or at all, we reserve the right to suspend your access to the Services and/or our Site until such time as the Subscription Fees have been paid in full, or cancel your Subscription.
3.5 Promotional materials, or any form of communication used for marketing, displaying or explaining our services give an approximate indication of the services that we provide. They shall not form part of our contract or have any contractual force.
4. CANCELLATION OR SUSPENSION OF YOUR SUBSCRIPTION
4.1 14-day trial. You are entitled to cancel your subscription at any time within 14 days from the start of your 14-day free trial, and you will not be charged. If you still wish to cancel your Subscription after 14 days from signing up please see clause 4.3.
4.2 If you have not cancelled your subscription within 14 days of starting the 14-day trial, payment will be taken for the following month’s subscription on day 15, and clause 4.3 will apply for cancellations thereafter. We do not offer refunds.
4.3 Cancellation of Subscription. You may cancel your subscription at any time. However, if you cancel your subscription less than 48 hours before the start of your next Subscription Period, you will be charged for your next Subscription Period and your Subscription will end after that Subscription Period. You will still be able to access the Services until the end of any Subscription Period you have paid for.
4.4 How to cancel your Subscription. If you wish to cancel your subscription, you can do so by:
4.4.1 contacting us directly via email at email@example.com for assistance.
4.5 How we may suspend or cancel your Subscription. We may suspend or cancel your subscription and your access to the Services if:
4.5.2. you do not make any payment to us when it is due.
4.5.3 you breach the group setting guidance
5. THE SERVICES
5.2 Inclusion Criteria.
Please read the list below and only if all of the statements apply to you then you are eligible to join our online platform and group support programmes.
I am over the age of 18
I have no history of an eating disorder (bulimia or anorexia nervosa)
I am not currently pregnant or breastfeeding
I have not had a heart attack or stroke within the last 3 months
I do not have a history of heart failure
I do not have advanced chronic kidney disease (stage 3b to 5)
I do not have a history of seizure and do not take anti-epilepsy drugs
I am not taking warfarin
I am not a citizen or resident of the USA or Canada
If you do not meet all of our inclusion criteria then by default you are not able to participate in our online programme. If you wish to find out more or liaise with our team about this please contact us at firstname.lastname@example.org.
5.3 Keep your username and password secure. You are responsible for keeping your username and password secure and confidential. You should not disclose it to any other party. If we reasonably believe that you have breached these terms, we have the right to disable your account.
5.5 Access to the Services. Once you have registered your account on our Site, inputed you payment details and your order has been accepted in accordance with clause 3.1, you will be able to access the Services via our Site Portal with your secure login details. If you have any special needs or require assistance to join our programme then please email us and we will attempt to make adjustments and provide support where possible. Users will need to be able to write and read English, use a desktop or smartphone device, and be able to communicate via email or discussion platforms. If this minimum level of accessibility is not possible then a user will need help from an appropriate support person to participate.
5.6 The Services do not constitute medical advice or medical care. The Services may provide general information on certain medical conditions including but not limited to prediabetes and type 2 diabetes, including access to webinars, guides, recipes, blogs and content in a variety of other media formats. The Services do not in any way constitute general or medical advice, no matter how they are communicated, including verbally or written in any format, and by any team member. Relying on or taking or refraining from any action in light of the Services should only be done with the clearance and approval of your GP, Doctor or suitably qualified healthcare professional.
5.7 We will provide the Services until your subscription expires or is cancelled by you (see clauses 4.1 to 4.4) or by us (see clause 4.5).
5.9.2 Recipes/meal plans we make no guarantee about the accuracy of our recipes and their suitability for your dietary requirements. It is your responsibility to check ingredients, the accuracy of nutritional data and a recipe’s suitability for your own dietary requirements. We will not be held responsible for any nutritional deficiencies or allergies that might occur potentially as a result of our services.
5.9.3 Exercises any exercises shown, discussed, outlined or recommended are communicated as general information only. Any exercises that you carry out during our programmes are done so at your own risk. Our exercise plans and guides are generic, they do not take into account your current health, fitness or injury level. Information that we provide is generalised and is not intended to replace personalised professional advice. It is recommended that you seek the advice and approval of a suitably qualified medical professional prior to making changes. If you encounter any symptoms of pain during exercise, you are advised to stop the exercise activity and inform a healthcare professional, such as a doctor or physiotherapist immediately.
5.9.4 Relaxation and mindfulness techniques. It is your responsibility to ensure such activities are carried out in an environment that is safe to do so. For example, such activities should not be carried out whilst driving or operating machinery.
5.9.5 Educational and behaviour change content. Our online programme content provides general information only. It is your responsibility to decide if the content is applicable to you and if it is safe to apply to you. Please remember certain medical conditions and medications may put you at increased risk of harm if not suitably considered, supervised, monitored and/or adjusted by a qualified healthcare professional.
5.9.6 Metrics/health tracking. The metrics/results data that you input into our website or track yourself are for your own use. It is not our (the Supplier’s) responsibility to monitor this information or to make any recommendations based on this. It is your responsibility to act appropriately with the guidance or advice of a suitably qualified healthcare professional. Our programme is not a personalised medical programme, therefore it is not our responsibility to notify you if your blood pressure or blood glucose is out of range (as examples).
5.10 We make no guarantees about the efficacy of our services through any of our programmes. Our programmes are designed by qualified medical professionals, in order to help people lose weight, improve blood glucose levels, improve insulin sensitivity, and reverse the processes that lead to lifestyle-related disease such as prediabetes and type 2 diabetes. We also aim to help people improve their nutrition, achieve weight loss, improve fitness and optimise their overall health. Results will and do vary from person to person, due to a complex interplay of personal and environmental factors linked to an individual person. We, therefore, make no guarantees about specific outcomes for individuals.
6. MEDICAL DISCLAIMER
6.1 The Services do not constitute medical advice. We strongly recommend in the interest of your own safety that you contact your GP, doctor or healthcare professional and ensure you are assessed and cleared by them to use our Services.
6.2 The Services are not intended to replace your usual medical care or assistance, and should be undertaken only after consultation and under the supervision of your GP, doctor or another appropriately qualified and responsible healthcare professional.
6.3 You should continue to keep your GP, Doctor or healthcare professional informed of and updated as to your progress throughout the use of the Services, and if at any point you are concerned about your health, you must speak to your GP, Doctor or healthcare professional immediately.
6.4 The Services are provided for general information only. They are not intended to amount to advice on which you should rely, and they are not a recommendation for changing your behaviours. You must obtain professional medical or specialist advice before taking, or refraining from, any action on the basis of the Services.
6.5 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date, nor that access to our site will always be available or be uninterrupted. We work hard to minimise glitches and disruption in our system and take a proactive approach to this to optimise your user experience.
7. FAIR USAGE POLICY
7.1 We want our subscribers/clients to have the best possible experience, and we share their desire to achieve their goals as far as practicably possible. We have worked to make our programmes as affordable and accessible as possible and will continue to do so. We also appreciate that everybody is unique and has differing needs. When using our services, please be considerate of the NUVI team, and how this might impact the needs and access of other users. This includes contacting team members directly by email, within social media groups, or 1:1. Deeming what constitutes fair usage remains at the discretion of the NUVI team. If we deem you to be a heavy or excessive user, we reserve the right to inform you of this, and may at our discretion suggest restructuring your service to reflect your usage, request additional payment from you to cover costs, or we may seek to end service provision early.
8. OUR RIGHT TO MAKE CHANGES
8.1 Minor changes to the services and Terms. We may make changes to the Services and Terms (please refer back to our Terms and Policy pages from time to time to see if there have been any changes, the most current Terms and Policies will prevail and override previous versions);
8.1.1 to reflect changes in relevant laws, regulatory and safety requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the service.
8.1.3 to improve the efficacy of our service, the user experience and to keep the information and Terms for our programmes up to date
8.2 Trial memberships. We may decide, at certain times, to offer a trial membership for people. Our terms apply to these trial memberships unless otherwise stated. For those using a trial membership, individuals are able to cancel at any time within the trial, without being charged a fee. This cancellation can be made by contacting us by email at email@example.com. If a cancellation is not made, a subscription will commence automatically at the end of the free trial and payment will be processed.
8.3 Change to charges. We have the right to change the charges we make for our products or services in the future. If you have already made an order, for example, have a pre-existing subscription, then you will be unaffected by this price change.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. A Force Majeure event does not qualify as foreseeable.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
9.3 We are not liable if the information you provide to us is incorrect. It is your responsibility to ensure that all information provided to us during the registration process is and remains true, accurate and up to date. We are not liable for any losses you suffer if the information you have provided to us is not true and accurate.
9.4 We are not liable for business losses. We only supply the products and services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. OTHER IMPORTANT TERMS
10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10.6 The Customer shall indemnify the Supplier against any costs, liability, damages, loss, expenses, claims or proceedings arising from loss or damage (including that belonging to any third parties appointed by the Supplier) caused by any breach of these Conditions or any other liabilities arising out of the use of the Website or the Services by the Customer or its agents or employees. This clause shall survive termination of the contract.
10.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
10.8 Complaints. If you feel you want to make a complaint then you are within your rights to do so. Please send us an email at firstname.lastname@example.org.
What’s in these terms?
These terms tell you the rules for using our website www.mynuvi.co (“our site”), who we are and how to contact us. www.mynuvi.co is a site operated by NUVI Health and Wellbeing Limited (“We”). We are registered in England and Wales under company number 13621717 and have our registered office and main trading address at Salvus House, Aykley Heads, Durham, England, DH1 5TS. We are not VAT registered.
To contact us, please email email@example.com.
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
If you purchase a subscription from our site, our Terms and Conditions will apply to the purchase.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our user’s needs and our business priorities.
We may suspend or withdraw our site
Our front-end site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.
You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Prohibited uses of our site
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to general advice or medical advice on which you should rely. You must obtain professional medical or specialist advice and clearance before taking, or refraining from, any action or behaviour on the basis of the content or information on our site, including within the portal, within group discussions and any communications that take place within our private Facebook group, or within any interactive group discussions.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of any subscription you purchase from us, which will be set out in our terms and conditions.
Please note that we only provide our site for domestic and private use. You agree not to use our site 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.
How we may use your personal information
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below (“Content Standards”).
These content standards apply to any and all material which you contribute to our site (“Material”), and to any interactive or group format services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Material as well as to its whole.
We will determine, in our absolute discretion, whether any Material breaches the Content Standards.
Material must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- include photos of children, or child sexual abuse material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal content or activity;
- be in contempt of court;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass or alarm or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any other person;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
You warrant that any such Material does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any Material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We also have the right to disclose your identity to any third party who is claiming that any Material uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any Material you upload to our site if, in our opinion, it does not comply with the content standards set out above.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload Material to our site, you grant us the following rights to use that Material: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, display and perform that Material in connection with the service provided by the website and across different media including to promote the site or the service forever.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to link to or make any use of the content on our site other than that set out above, please contact email@example.com.
Which country’s laws apply to any disputes?
LAST UPDATED 3RD JANUARY 2023