Terms of Service:

Oolong Limited

Terms of Service for Users

Last updated 08/04/2022

1. Introduction

 

Welcome to Oolong Limited (“Company”, “we”, “our”, “us”).

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages and platform located at https://portal.avid.health/ and our mobile application Avid (together or individually “Service”) operated by Oolong Limited

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here www.avid.health/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@oolo.uk so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

While the Platform and app does provide useful information, it is not meant to serve as a substitute for professional medical advice, diagnosis or treatment. The information and Services are provided for information purposes only. Avid are not a medical professional, and does not provide medical services or medical advice. Before acting on any information in Avid or provided by our health coaches, consult your doctor to make sure it is right for you.

If you think you are having a medical emergency, immediately call your doctor or dial 999.

2. Your Account

 

​By creating an account on our Service, you agree:

  • That you are above the age of 18;

  • To populate your user profile and the information you provide us is accurate, complete, and current at all times. Any inaccurate, incomplete, or obsolete information may result in the immediate termination of your account;

  • That you are happy to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing info@oolo.uk

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

 

3. Purchases

 

​If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By making a Purchase, you accept that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

4. Subscriptions

 

​Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Oolong Limited cancels it.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Oolong Limited with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Oolong Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Oolong Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

5. Free Trial

 

​Oolong Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). We may determine your eligibility for a Free Trial at our sole discretion, and withdraw or modify a Free Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Oolong Limited until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. If you do not want this charge, you must cancel the applicable paid subscription before the end of the Free Trial.

At any time and without notice, Oolong Limited reserves the right to (i) modify Terms of Service of Free Trial or (ii) cancel such Free Trial

 

6. Fee Changes

 

Oolong Limited, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Oolong Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

7. Cancellations and Refunds

 

You may cancel your Subscription by accessing the management page in your account. If you cancel your Subscription at least 24 hours before the end of the then-current Subscription period the cancellation will take effect the day after the last day of the current Subscription period, and you will no longer be able to access the Service. If you cancel your Subscription before the end of the current Subscription period, we will not refund any Subscription fees already paid to us.

We may suspend or cancel your Subscription if we do not receive payment in respect of a Subscription period after we have sent you a reminder.

We may suspend or cancel your use of the Service (with no obligation to compensate you), if:

  • You are in breach of these Terms;

  • We believe that you or anyone else using your Subscription to the Service has committed, or may be committing, any fraud against us or any other third party through the use of the Service or otherwise;

  • You use the Service in an inappropriate way or in a manner that may negatively influence the reputation and/or business of Avid, our affiliates, our commercial partners, and/or any other third party who is performing services on our behalf;

  • We are required to do so by applicable law or regulation, or to comply with an order of a competent public authority;

  • It is not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control; or

  • We are entitled to do so for any other reason set out in these Terms.

When withdrawing the Service, we may write to you to let you know that we are going to stop providing the Service. We will let you know at least 30 days in advance of our stopping the supply of the Service and will refund any sums you have paid within 60 days in advance for services which will not be provided.

 

8. Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Oolong Limited has the right but not the obligation to monitor and edit all Content provided by users.

 

9. Prohibited Uses

 

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate another user, or any other person or entity.

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of Service.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of Service.

 

10. Age Restriction

 

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services we provide, you agree that you are at least eighteen (18) years of age and with the full authority, to enter into this agreement and abide by these Terms. If you are not at least eighteen (18) years old, you will not be able from to use the Services.

 

11. Intellectual Property

 

The Service and other material on the website and app is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the Materials) are protected by relevant intellectual property rights and laws. All Materials contained on our Service are the property of Oolong Limited and/or third party licensors.

We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Service and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.

You agree not to remove, obscure or alter any of the Materials appearing on our Service. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.

If we find that you have made unauthorised use of the Materials found on the Services we may terminate this licence at any time (and without notice).

 

12. How we may use your personal information

 

We will only use your personal information as set out in our Privacy Policy, available at www.avid.health/privacy

 

13. Error Reporting and Feedback

 

You may provide us directly at info@oolo.uk with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us with an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

14. Links To Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Oolong Limited

Oolong Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that oolong limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

 

14. Acknowledgements

 

You acknowledge and understand that:

  • We do not supervise and/or control the actions of any of our health coaches;

  • We do not conduct checks other users of the Service and/or the Web Platform;

  • We are not involved in the actual transactions between users of the Service and the health coaches. As most of the content on the Service and/or the Web Platform comes from the health coaches and/or other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered;

  • We are not an employment agency for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and we are instead a medium through which health coaches find engagements for themselves;

  • We shall not be responsible for and shall have no involvement in any disputes between you and the health coach and we shall not be responsible for the quality of the services provided by you or your activities during your engagement with the health coach. The price you pay for your Subscription reflects only those online services agreed to be supplied by us and do not indicate acceptance of any liability by us for your acts or omissions.

 

15. Service availability

 

There may be times when our Service or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.

We do not warrant that your use of the Service will be uninterrupted or error-free; or that the Service and/or the documentation or information obtained by you through Service will meet your requirements.

We will not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

 

16. Changes To Service

 

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

17. Our responsibility for loss and damage suffered by you

 

The satisfaction of our users is Avid's highest priority and we are committed to providing the best tools and coaches. The Services are provided with reasonable skill and care by our health coaches who are professional and experienced. 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.

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.

 

18. Which laws apply to these Terms

 

These Terms shall be governed and construed in accordance with the laws of England and Wales

 

19. Enforcement of Terms

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

20. No third party rights

 

This Agreement is between you and us. No other person shall have any rights to enforce any of these Terms.

 

21. Transfer of your rights

 

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

 

22. Severability

 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

23. Amendments to Terms

 

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

24. Contact Us

 

Please send your feedback, comments, requests for technical support:
By email: info@oolo.uk