Last updated: January 18, 2022
Effective Date: January 18, 2022
Health Recover, ("HealthRecover", the "Company", "we", "our" or "us") refers to Health Recover Ltd, registered in England and Wales with company number 12918939 and registered office address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. Our official email is firstname.lastname@example.org. We own and operate healthrecover.co.uk at (https://healthrecover.co.uk/) (the "Site", the "Website").
These Terms and Conditions set forth the legally binding terms for your use of the Services, whether you are simply a visitor or a registered user. By accepting these terms, you represent and warrant that you have the right, authority, and capacity to enter into these terms. You may not access or use the services or accept the terms if you are not at least 18 years old. If you do not agree with all the provisions of these terms, do not access and/or use the services.
1. Use of the Services and HealthRecover Properties
The Website, the Software, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “HealthRecover Properties”) are protected by copyright laws throughout the world. Subject to the Terms, HealthRecover grants you a limited license to reproduce portions of HealthRecover Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use any HealthRecover Properties is subject to the Terms.
1.2 HealthRecover Software
. Use of any software and associated documentation, that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will HealthRecover provide you with any tangible copy of our Software. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). Subject to your compliance with the Terms, HealthRecover grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
. You understand that HealthRecover Properties are evolving. As a result, HealthRecover may require you to accept updates to HealthRecover Properties that you have installed on your computer or mobile device. You acknowledge and agree that HealthRecover may update HealthRecover Properties with or without notifying you. You may need to update third-party software from time to time in order to use HealthRecover Properties.
1.4 Certain restrictions.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit HealthRecover Properties or any portion of HealthRecover Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other HealthRecover Properties (including images, text, page layout or form) of HealthRecover; (c) you shall not use any metatags or other “hidden text” using HealthRecover’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of HealthRecover Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access HealthRecover Properties in order to build a similar or competitive website, application, product or service; (g) except as expressly stated herein, no part of HealthRecover Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in HealthRecover Properties. Any future release, update or other addition to HealthRecover Properties shall be subject to the Terms. HealthRecover, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of HealthRecover Properties terminates the licenses granted by HealthRecover pursuant to the Terms.
1.5 Third-Party Materials
. As a part of HealthRecover Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for HealthRecover to monitor such materials and that you access these materials at your own risk.
2. Registration, Account, and Communication Preferences
2.1 Registering Your Account.
In order to access certain features of HealthRecover Properties you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
2.2 Registration Data.
In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “ Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using HealthRecover Properties under the laws of the United Kingdom, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorised use of HealthRecover Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify HealthRecover immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or HealthRecover has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthRecover has the right to suspend or terminate your Account and refuse any and all current or future use of HealthRecover Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. HealthRecover reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use HealthRecover Properties if you have been previously removed by HealthRecover, or if you have been previously banned from any of HealthRecover Properties.
2.3 Your Account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of HealthRecover.
2.4 Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to HealthRecover Properties, including but not limited to, a mobile device that is suitable to connect with and use HealthRecover Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing HealthRecover Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. HealthRecover will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing email@example.com.
2.5 Electornic comunication.
By creating a HealthRecover account, you also consent to receive electronic communications from Health Recover (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorisations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Responsibility for Content
3.1 Types of Content.
You acknowledge that all files, materials, data, text, audio, video, images or other content, including HealthRecover Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not HealthRecover, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through HealthRecover Properties (“Your Content”), and that you and other Users of HealthRecover Properties, and not HealthRecover, are similarly responsible for all Content they Make Available through HealthRecover Properties (“User Content”).
3.2 No Obligation to Pre-Screen Content.
You acknowledge that HealthRecover has no obligation to pre-screen Content (including, but not limited to, User Content), although HealthRecover reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that HealthRecover pre-screens, refuses or removes any Content, you acknowledge that HealthRecover will do so for HealthRecover’s benefit, not yours. Without limiting the foregoing, HealthRecover shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Unless expressly agreed to by HealthRecover in writing elsewhere, HealthRecover has no obligation to store any of Your Content that you Make Available on HealthRecover Properties. HealthRecover has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of HealthRecover Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that HealthRecover retains the right to create reasonable limits on HealthRecover’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by HealthRecover in its sole discretion.
4.1 HealthRecover Properties.
Except with respect to Your Content and User Content, you agree that HealthRecover and its suppliers own all rights, title and interest in HealthRecover Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or HealthRecover Properties.
HealthRecover and other related graphics, logos, service marks and trade names used on or in connection with HealthRecover Properties or in connection with the Services are the trademarks of HealthRecover and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in HealthRecover Properties are the property of their respective owners.
4.3 Other Content.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in HealthRecover Properties.
4.4 Your Content.
HealthRecover does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in HealthRecover Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.5 License to Your Content.
Subject to any applicable account settings that you select, you grant HealthRecover a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing HealthRecover Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of HealthRecover Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not HealthRecover, are responsible for all of Your Content that you make available on or in HealthRecover Properties.
You agree that submission of any ideas, suggestions, documents, and/or proposals to HealthRecover through its suggestion, feedback, wiki, forum or similar pages (“ Feedback”) is at your own risk and that HealthRecover has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to HealthRecover a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of HealthRecover Properties.
5. User Conduct
As a condition of your use of the HealthRecover Properties, you agree not to use HealthRecover Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any Content on or through HealthRecover Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without HealthRecover’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of HealthRecover; (vi) interferes with or attempt to interfere with the proper functioning of HealthRecover Properties or uses HealthRecover Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against HealthRecover Properties, including but not limited to violating or attempting to violate any security features of HealthRecover Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in HealthRecover Properties, introducing viruses, worms, or similar harmful code into HealthRecover Properties, or interfering or attempting to interfere with use of HealthRecover Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” HealthRecover Properties.
HealthRecover may, but is not obligated to, monitor or review HealthRecover Properties and Content at any time. Without limiting the foregoing, HealthRecover shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although HealthRecover does not generally monitor user activity occurring in connection with HealthRecover Properties or Content, if HealthRecover becomes aware of any possible violations by you of any provision of the Terms, HealthRecover reserves the right to investigate such violations, and HealthRecover may, at its sole discretion, immediately terminate your license to use HealthRecover Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
7. Interactions with Other Users
7.1 User Responsibility.
You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that HealthRecover reserves the right, but has no obligation, to intercede in such disputes. You agree that HealthRecover will not be responsible for any liability incurred as the result of such interactions.
7.2 Content Provided by Other Users.
HealthRecover Properties may contain User Content provided by other Users. HealthRecover is not responsible for and does not control User Content. HealthRecover has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
8. Third-Party Services
. Third-Party Websites, Applications & Ads. HealthRecover Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left HealthRecover Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of HealthRecover. HealthRecover is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. HealthRecover provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. Purchase Terms
9.1. Orders and Contract for Services.
To submit a one-time оrder or to subscribe for Services (collectively, as applicable, an “Order”), you must register for or log in to your account on the HealthRecover Properties (“Account”), choose a Service or a Product and provide the requested information. HealthRecover‘s acceptance of your order for Services will occur when HealthRecover emails you to accept it, at which point a Services contract will come into existence between you and HealthRecover based on these Terms. You confirm that you request immediate performance of this contract for Services. Ownership of the Services and Products will only pass to you when HealthRecover receives full payment of all sums due in respect of the Services and Products, including any fees and charges when such are applicable. If HealthRecover is unable to accept your order, HealthRecover will inform you of this by email and HealthRecover will not charge you for the Services (or shall refund you within forty (40) days of receiving your payment). For example, in the case of unexpected limits on resources that HealthRecover could not reasonably plan for. You acknowledge that a refund of any amounts paid will be your only available remedy if HealthRecover is unable to accept your order after it has been placed.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide our third party payment processor(s) with a valid credit card (Visa, MasterCard, or any other issuer accepted by them) (“ Payment Provider”) or another payment method that they accept as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card (or other payment methods such as Apple Pay or Google Pay accounts), and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing our third party payment processor(s) with your payment card number or other payment method or account and associated payment information, you represent and warrant that you are authorised to use the designated payment method, and you agree that the third party payment processor is authorised to immediately invoice your account for all charges and fees due and payable to HealthRecover hereunder and that no additional notice or consent is required. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. All credit card payments are made directly through the secure system of Stripe, our partner for payment processing solutions, and their banking partners. HealthRecover does not store any information about credit cards since the entire payment verification process is carried out by Stripe and its banking partners directly. You must resolve any problem we or our third party payment processor encounter in order to proceed with your Order. You agree to immediately notify our third party payment processor of any change in your billing address or the payment card number, or other payment method and associated payment information used for payment hereunder. HealthRecover reserves the right at any time to change its prices and billing methods, either immediately upon posting on HealthRecover Properties or by e-mail delivery to you.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription, or changes in applicable taxes or other charges, and you authorise our third party payment processor(s) to charge your payment method for the corresponding amount.
9.3 Third Party payment processor(s) (“Third party service provider”)
. HealthRecover uses Stripe as third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By making a purchase on the HealthRecover Properties, you agree to be bound by:
Stripe's Service Agreements here
Apple Pay here
Google Pay/Google Payments Terms of Service here
and hereby consent and authorise HealthRecover, Stripe and their banking partners to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
9.4 Pricing and Availability
The price of the Services and Products will be the price indicated on the order pages of HealthRecover website when you placed your order. The price of any Services and Products (including any applicable taxes and/or delivery costs) will be as quoted on the Site and in promotional material from time to time, except in cases of obvious error. All prices are shown in British pounds (GBP) and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; changes will not affect one-time orders in respect of which HealthRecover has already sent you an order acknowledgement. provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes by emailing you. We will not, however, be able to notify you of changes in any applicable taxes.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, we may be required to make substitutions from time to time.
HealthRecover’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to HealthRecover, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify HealthRecover for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that HealthRecover is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
9.6 Withholding Taxes.
You agree to make all payments of fees to HealthRecover free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to HealthRecover will be your sole responsibility, and you will provide HealthRecover with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
9.7 Personalised Health & Wellness eGuide (the "eGuide")
9.7.1 The eGuide consist of a downloadable eBook in PDF. We anticipate that the eGuide will typically be available within 7 working days from the date your order is received and confirmed by HealthRecover. We will notify you by email that your Account on our Website has been updated accordingly.
9.7.2 The eGuide is prepared solely on the basis of the information which you have provided to us, without access to your full medical records. Whilst tailored to your personal information, you understand the eGuide is generic in nature.
9.7.3 This means that (1) you must not rely on the eGuide to diagnose or treat suspected or actual medical conditions; and (2) you are solely responsible for any actions you do (or do not) take before and after receiving the eGuide, and when you take (or do not take) such actions.
9.7.4 HealthRecover recommends that you always consult an appropriate medical professional for advice on your specific circumstances and situation, in particular before adopting any of the healthcare or lifestyle advice offered in the eGuide or otherwise via HealthRecover Properties and the Services.
9.7.5 You accept that any incomplete or inaccurate information on your health profile may lead to incomplete or inaccurate interpretation, healthcare and lifestyle advice.
9.7.6 You assume full responsibility for reading and/or drawing conclusions from the eGuide obtained from the use of HealthRecover Properties and Services.
9.8 Personalised 40-day HealthRecover Bundle (the "Bundle").
The Bundle consists of an eighty (80) supply of nutritional supplements, packed for daily use in individual, personalised packs (delivered straight to your doorstep), along with one Personalised Health and Wellness eGuide (a downloadable eBook in PDF). You understand that by ordering this Service, you're placing a one-time order. For Customers not opting for HealthRecover subscription Services, if you request additional personalised superfood supplements, you have to re-order the Bundle. Each such request constitutes an additional and separate order.
9.9 Subscriptions; Cancellation Policy.
You will be responsible for payment of the applicable fee for any Services (each, a “ Service Subscription Fee”) at the time you select your subscription package (each, a “ Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and HealthRecover for the Services until HealthRecover accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
HealthRecover Subscribers receive delivery approximately every four weeks with a fifty-six (56) supply of nutritional supplements, packed for daily use in individual, personalised packs. HealthRecover provides an automatically recurring subscription service. As part of the HealthRecover subscription service, approximately every four weeks you will receive a package from Health Recover including your order of personalised superfood supplements.
For some products, your subscription will continue indefinitely until terminated in accordance with the Terms. In this case, after your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at HealthRecover’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) twenty-four (24) hours prior to the Renewal Commencement Date (or in the event that you receive a notice from HealthRecover that your subscription will be automatically renewed, you will have thirty days from the date of the HealthRecover notice), by logging into https://healthrecover.co.uk/myprofile and going to the “My Subscription” page or by sending an email to firstname.lastname@example.org and following the instructions you receive. Sending an email does not confirm cancellation, you must follow the steps provided to cancel your account. You may cancel at any time, but if you cancel after your next shipment has been prepared or shipped you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
By subscribing, you expressly acknowledge and agree that (a) our third party payment processor is automatically authorised to charge your Payment Provider recurrently at the beginning of any subsequent subscription period. (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these Terms. You acknowledge and agree that HealthRecover will not obtain any additional authorisation from you for such automatic, recurring payments. (c) Upon renewal of your subscription, if HealthRecover does not receive payment from your Payment Provider, you agree to pay all amounts due on your Account upon demand, and/or you agree that HealthRecover may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
9.10 Free Trials and Other Promotions.
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions or Services for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.
Once your free trial ends, our third party payment processor will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for canceling your subscription are described in section 9.9 above. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
9.11 Shipping and Handling.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping is handled by a third-party courier (generally Royal Mail). Actual delivery dates may vary. You agree that you will not obtain or direct shipment of a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. If you are not at home when your delivery arrives, the courier will generally leave the package for you in your mailbox or at your door. Any individual at the delivery address who accepts a delivery from HealthRecover is presumed to be authorised to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
9.13 Returns and Refunds.
We are not able to accept returns or offer refunds on any Personalised Health and Wellness eGuides, eBooks, Personalised 40-day HealthRecover Bundles, and Personalised Superfood Supplemets subscriptions, as they are 100% personalised to you. Additionally, to ensure we continue to adhere to our overall quality and timely fulfillment standards, we are unable to cancel or edit orders once they have been placed.
We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout.
9.14 No Resale.
You are not permitted to resell or otherwise use the Services and Products for commercial purposes.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com.
You agree to indemnify and hold HealthRecover, its subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “ HealthRecover Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, HealthRecover Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. HealthRecover reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HealthRecover in asserting any available defenses. This provision does not require you to indemnify any of the HealthRecover Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to HealthRecover Properties.
11. User Representations
By accessing the Website and/or Service, you agree to, acknowledge, and represent as follows:
11.1 You accept that any incomplete or inaccurate information on your health profile may lead to incomplete or inaccurate interpretation, healthcare and lifestyle advice.
11.2 You understand that HealthRecover does not provide medical advice. The information you learn from HealthRecover is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of full medical and clinical information. You understand that while the Services might point to a possible diagnosis or treatment, the information you receive through the Services should always be confirmed and supplemented by additional medical and clinical testing as recommended by your healthcare providers. You acknowledge that HealthRecover urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from any information you obtain through the Services.
11.3 You agree that the information available through the Services are for informational and educational purposes only. We are not responsible for the accuracy or completeness of information available from or through the Services. You assume full risk and responsibility for the use of information you obtain from or through the Services, and neither we nor our contractors are responsible or liable for any claim, loss, or liability arising from use of the information. We do not recommend or endorse any provider of healthcare or healthcare products, items or services, and the appearance of materials in the Services relating to any such products, items or services is not an endorsement or recommendation of them. You will review the functionality and limitations of the Services to make an independent determination of their suitability for your use.
11.5 You represent that you are eighteen (18) years of age or older if you are providing information of any kind by using our Services.
11.6 You are guaranteeing that any information you provide is your own information.
11.7 If you are a customer outside the United Kingdom providing a information, you confirm that this act is not subject to any restriction in the country in which you reside.
11.8 You agree that any information you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
11.9 You take responsibility for all possible consequences resulting from your sharing with others access to your assesments’ results.
11.11 You understand that by providing any information (except personal information) and/or accessing your results, you acquire no right or commercial interest in any research or commercial products that may be developed by HealthRecover or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information or any other information you provide to HealthRecover to or through the Services.
11.12 You agree that you have the authority, under the laws of the country, state or jurisdiction in which you reside, to provide these representations. In case of breach of any of these representations, HealthRecover has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof, and you will indemnify the HealthRecover Parties against any liability, costs, or damages arising out of the breach of the representation.
12. Disclaimer of Warranties and Conditions.
12.1 As Is
. You expressly understand and agree that to the extent permitted by applicable law, your use of HealthRecover properties is at your sole risk, and HealthRecover properties are provided on an “As Is” and “As Available” basis, with all faults. Health Recover parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the website.
1. HealthRecover parties make no warranty, representation or condition that: (1) HealthRecover properties will meet your requirements; (2) your use of HealthRecover properties will be uninterrupted, timely, secure or error-free; or (3) the results that may be obtained from use of HealthRecover properties will be accurate or reliable.
2. HealthRecover parties make no warranty, representation or condition that our team will be able to process your assessment results, or that the results will be interpretable or error-free.
3. Any content downloaded from or otherwise accessed through HealthRecover properties is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access HealthRecover properties, or any other loss that results from accessing such content.
4. The Services may be subject to delays, cancellations and other disruptions. HealthRecover makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
5. No advice or information, whether oral or written, obtained from HealthRecover or through HealthRecover properties will create any warranty not expressly made herein.
6. From time to time, HealthRecover may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at HealthRecover’s sole discretion. The provisions of this section apply with full force to such features or tools.
12.2 Medical Disclaimers.
The website and services do not provide diagnosis or treatment of medical conditions. Although every effort is made to assure that information on the website and otherwise accessed through the Services is accurate and current, knowledge in these fields is growing rapidly and all data is subject to change without notice. You should consult with your health care professional for specific advice relating to your medical questions or conditions. None of the information, statements and/or links contained on the website are intended to replace the attention or medical instructions from a health care professional. Only your practitioner can completely and appropriately assess your situation and make conclusive decisions regarding your care. Nothing on the website is meant to imply a person should take actions toward medical treatment without the consent and/or supervision of a doctor or specialist. It should not be used in place of a visit, call, consultation or the advice of a user's personal physician should you have any health care related questions or concerns, please call or see your physician without delay. Always consult with your physician or qualified health care provider before altering current care or embarking on a new treatment, drug or diet. You should never disregard medical advice or delay seeking it because of something you have read on the website. The information on the website is obtained through many different sources and the accuracy should be confirmed prior to use.
12.3 No Liability for Conduct of Third Parties.
You acknowledge and agree that HealthRecover parties are not liable, and you agree not to seek to hold HealthRecover parties liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
12.4 No Liability for Conduct of Other Users.
You are solely responsible for all of your communications and interactions with other users of HealthRecover properties. You understand that HealthRecover does not make any attempt to verify the statements of users of HealthRecover properties.
13. Limitation of Liability.
13.1 Disclaimer of Certain Damages.
You understand and agree that in no event shall HealthRecover parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with HealthRecover properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not HealthRecover has been advised of the possibility of such damages, arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of HealthRecover properties, on any theory of liability, resulting from: (1) the use or inability to use HealthRecover properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through HealthRecover properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on HealthRecover properties; or (5) any other matter related to HealthRecover properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing cap on liability shall not apply to liability of a HealthRecover party for (a) death or personal injury caused by a HealthRecover party’s negligence; or for (b) any injury caused by a HealthRecover party’s fraud or fraudulent misrepresentation.
13.2 Cap on Liability.
Under no circumstances will HealthRecover parties be liable to you for more than the greater of (a) the total amount paid to HealthRecover by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (b) the remedy or penalty imposed by the statute under which such claim arises.
13.3 User Content.
13.4 Basis of the Bargain.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between HealthRecover and you.
If HealthRecover becomes aware of any possible violations by you of the Terms, HealthRecover reserves the right to investigate such violations. If, as a result of the investigation, HealthRecover believes that criminal activity has occurred, HealthRecover reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. HealthRecover is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in HealthRecover Properties, including Your Content, in HealthRecover’s possession in connection with your use of HealthRecover Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of HealthRecover, its Users or the public, and all enforcement or other government officials, as HealthRecover in its sole discretion believes to be necessary or appropriate.
In the event that HealthRecover determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for HealthRecover Properties, HealthRecover reserves the right to:
1. Warn you via e-mail (to any e-mail address you have provided to HealthRecover) that you have violated the Terms;
2. Delete any of Your Content provided by you or your agent(s) to HealthRecover Properties;
3. Discontinue your registration(s) with any of HealthRecover Properties, including any Services or any HealthRecover community;
4. Discontinue your subscription to any Services;
5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
6. Pursue any other action which HealthRecover deems to be appropriate.
15. Term and Termination.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use HealthRecover Properties, unless terminated earlier in accordance with the Terms.
15.2 Prior Use.
Notwithstanding the foregoing, if you used HealthRecover Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used HealthRecover Properties (whichever is earlier) and will remain in full force and effect while you use HealthRecover Properties, unless earlier terminated in accordance with the Terms.
15.3 Termination of Services by HealthRecover.
You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case HealthRecover will refund your Service Subscription Fee, if already paid pursuant to Section 9.5 or 9.9, for the applicable Service, only to the extent such Service was not yet provided as of the date of termination. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if HealthRecover is required to do so by law (e.g., where the provision of the Website, the Software or the Services is, or becomes, unlawful), HealthRecover has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in HealthRecover’s sole discretion and that HealthRecover shall not be liable to you or any third party for any termination of your Account.
15.4 Effect of Termination.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. HealthRecover will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
15.5 No Subsequent Registration.
If your registration(s) with or ability to access HealthRecover Properties, or any other HealthRecover community is discontinued by HealthRecover due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access HealthRecover Properties or any HealthRecover community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those HealthRecover Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, HealthRecover reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
16. International Users.
HealthRecover Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that HealthRecover intends to announce such Services or Content in your country. HealthRecover Properties are controlled and offered by HealthRecover from its facilities in the United Kingdom and Europe. HealthRecover makes no representations that HealthRecover Properties are appropriate or available for use in other locations outside the United Kingdom. Those who access or use HealthRecover Properties from other countries do so at their own volition and are responsible for compliance with local law.
17. General Provisions.
17.1 Electronic Communications.
The communications between you and HealthRecover use electronic means, whether you visit HealthRecover Properties or send HealthRecover e-mails, or whether HealthRecover posts notices on HealthRecover Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from HealthRecover in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HealthRecover provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site and Services and notify us.
Where HealthRecover requires that you provide an e-mail address, you are responsible for providing HealthRecover with your most current e-mail address. In the event that the last e-mail address you provided to HealthRecover is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, HealthRecover’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to HealthRecover by emailing us at firstname.lastname@example.org
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without HealthRecover’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
You hereby release HealthRecover Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of HealthRecover Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of HealthRecover Properties. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a HealthRecover Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
17.5 Force Majeure.
HealthRecover shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, natural forces and disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.6 Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to HealthRecover Properties, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
17.7 Consumer Complaints.
If you are not happy with how we have handled a complaint in relation to the Services, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
17.10 Export Control.
You may not use, export, import, or transfer HealthRecover Properties except as authorised by the laws of the United Kingdom, the laws of the jurisdiction in which you obtained HealthRecover Properties, and any other applicable laws.
17.11 Entire Agreement.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.