1. End User Peppy Terms and Conditions
Please read these terms and conditions carefully before using the Peppy platform comprising the www.peppy.developandtest.uk website and any other website and or application which operates on smartphones that is provided the (“Platform”) and operated by Peppy Health Limited (“We”, “Us”, “Our”, “Ours”), a company registered in England and Wales under company number 11534232, registered office 128 City Road, London, United Kingdom, EC1V 2NX.
Please note that You should not place reliance upon or use Our Platform, Products, Practitioners and or Services for any medical or other emergency services requirements. If You need urgent help then please immediately call the relevant medical or other emergency services response number.
If You have any questions, comments, or concerns regarding these terms or the Platform, Products, Practitioners and or Services, please contact Us at email@example.com .
1.2 Apple and Google’s Terms also apply
Our Platform will only be available through the Apple and Google (Android) mobile app stores in such countries as Your Employee has agreed with Us, but excluding countries where the Platform is unavailable due to technical, legal or political reasons.
The ways in which You can use Our Platform and may also be controlled by Apple and/or Google’s rules and policies as follows:
- Apple – https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
- Google (Android) – https://policies.google.com/terms?hl=en
(including any other policies referred to in them) and their rules and policies will apply instead of these terms where there are differences between the two.
1.3 Our Services
Peppy provides access to third-party healthcare professionals (each, a “Practitioner”) and information to support End Users through various life transitions including, but not limited to, fertility, parenthood, and menopause (each, the “Services”). Practitioners may provide information, advice and support through chat services, telephone calls, online video calls where this is included as part of the services to be provided by Peppy as set out below.
Your employer or other organisation may have entered into an agreement with Peppy to procure Your access to Our Services. We will provide information with respect to the scope and duration of the Services procured for You via Your employer or other organisation. We recommend that You confirm these details directly with Your employer or other organisation. Time shall not be of the essence in respect of any services to be provided by Peppy to You and in relation to any launch dates and such dates shall be estimates only.
The scope of the support provided by Practitioners is non-medical. Peppy does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Practitioner. We encourage You to consult with Your healthcare provider before using Our Services or engaging any Practitioner. Our Services are intended to be supplementary to any health care You receive and are not a substitute for a primary care physician, obstetrician, paediatrician, or any other medical service provider.
1.4 Using Peppy
To use the Services, You first need to register on the Peppy mobile app and create an account (“End User”) account. When registering, You are obligated to provide Us with certain information, such as Your name, date of birth, etc.
To use the Services, You must be 18 years of age or older and reside in a jurisdiction in which the Services are provided. If You reside in a jurisdiction that restricts the use of the Services because of age, legal, religious, or moral views prevalent in such jurisdictions or restricts the ability to enter into contracts such as this one, e.g., due to age, You must abide by such age limits and You must not use the Services if precluded from doing so. You represent that You are of legal age to enter into a binding contract.
If You download or stream the Platform onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not You own the phone or other device. If You sell any device on which the Platform is installed, You must remove the Platform from it.
Unless otherwise specified in writing, the Services is for Your personal and non-commercial use.
1.5 Vitality members only (please disregard this section unless You are using Peppy through Your Vitality Membership)
Please note that for administrative purposes only, We will notify Vitality that You have registered an End User Account with Us. Rest assured that We will never share any of Your Special Categories of Personal Data without Your specific authorisation. For example, We will never share any information that You may exchange with a healthcare Practitioner or disclose any reasons why You may have accessed the Platform, or any Special Categories of Personal Data that You may load to the Platform. Further reassurance relating to this matter is included in Vitality’s Member Zone. If You have any further concerns regarding this matter then please email firstname.lastname@example.org.
1.6 Restrictions Related to the Use of Our Services
You may not:
- upload, post, or transmit to any Practitioner, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any person or entity, including another user, Practitioner, or an employee of Peppy, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge or plagiarise headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterised, or are intended, as “medical advice”;
- attempt to interfere with or disrupt Our information technology servers or networks;
- intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- stalk or otherwise harass another user or any of Our employees or Practitioner; or
- solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users, any minors, or users, including user names or passwords; or access or attempt to access another user’s End User account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.
1.7 Intellectual Property Rights
The Services and Platform, including, without limitation, the Application, content, metadata, design, organisation, compilation, look and feel, the source, object, and Hyper Text Mark-up Language (“HTML”) code and all other protectable intellectual property available through the Services and Platform (the “Proprietary Materials”) are the property of Peppy or the property of Our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in these Terms are automatically on creation reserved by Peppy.
Unless You have Our written consent, You may not copy, reproduce, sell, publish, distribute, display, re-transmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape, or display Our content for any purpose other than Your legitimate use of the Platform as licensed herein. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without Our written consent.
If You choose to cancel Your End User account or Your Services, go to the “Settings’ icon within the Platform on the “Discover” screen, select “Legal & Privacy” and click “Delete Your Account”. Peppy reserves the right, at its sole discretion, to reject users of its Services.
1.10 Changes to Terms
We are constantly trying to improve Our Services, so We reserve Our rights to update these Terms and the content of the Services at any time and publish the most recent copies of Our Terms and Services on Our Platform without prior notice to You. If You do not agree with Our new Terms, You are free to reject them; which unfortunately, will end Your rights to use the Platform and the Services. If You use or access the Services in any way after a change to the Terms is effective, that means You agree to all of the changes. Except for changes by Us as described here, no other amendment or modification of these Terms will be effective.
From time to time We may automatically update Our Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the Platform on Your device for these reasons.
If you choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the Platform and the Services.
The Platform will always work with the current or previous version of the operating system (as it may be updated from time to time).
You can give Us feedback on Our Services by emailing Us on email@example.com .
If You wish to provide feedback or complain about Our Services, We would like to resolve Your concerns as soon as possible. Please tell Us about Your complaint as soon as You can so that We can respond promptly.
If You wish to make a formal complaint about Our Service, please email Us on firstname.lastname@example.org. We may ask You for certain details about You and Your complaint in order to address it and ask for Your prompt co-operation in seeking to resolve Our differences quickly.
We will tell You the outcome of Our investigation into Your complaint and give You the chance to discuss it with Us. If We have done something wrong, We will apologise to You and seek amicable resolution. If You are in any way dissatisfied about how We process Your personal information, You have a right to lodge a complaint with the UK Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to You about Your concern before You approach the ICO.
1.12 Term and Termination
These Terms will commence on the date You initially set up Your End User account. If You wish to terminate Your End User account You may do so by going to the Settings icon on the Discover screen, select Legal & Privacy and click Delete Your Account.. We may terminate these Terms and/or suspend Your End User account upon notice to You, if You breach any material term herein, or if We are required to do so by law (e.g., where the provision of the Platform or the Services is or becomes unlawful). You agree that all terminations for cause shall be made at Peppy’s sole discretion and that Peppy shall not be liable to You or any third party for any termination of Your End User account.
Termination of any Services may include temporary suspension or permanent deletion of Your End User account together with any and all related information, files, and content associated with or inside Your End User account. Upon termination of any Services, Your right to use such Services will automatically terminate immediately. You understand that termination of Services may involve deletion of Your information and content in Your End User account. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.
1.13 Other important information
You are solely responsible for Your interactions with Practitioners and any other parties with whom You interact through the Services. We at Our sole discretion may intercede in any differences that You may have with Practitioners and or third-parties, subject to You accepting that We have no liability for any implications which are outcomes of such interactions.
The Platform and the Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of the Platform and the Services (as described on the app store site) meet Your requirements. You are responsible for determining Your suitability to be a User of the Platform and the Services and confirm that only You can determine whether a physical or medical examination should be undertaken prior to using the Services in any capacity. You acknowledge that You are solely responsible for all aspects of Your health and wellbeing before, during and after Your use of the Services.
1.14 Warranty Disclaimer
You use the Services at Your own risk. Peppy does not guarantee that You will find the Services relevant, useful, correct, satisfactory or suitable for Your needs. We do not guarantee that any Practitioner is categorised correctly or will be correctly matched to You. Peppy expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Services and assumes no liability or responsibility to You or any minor for whom You are responsible, for any errors, mistakes or inaccuracies in such content or in the Services provided by Peppy or Practitioners, or information and advice provided by an Practitioner or through Our mobile application or Platform, You agree that Your access to and use of the Services, Practitioners and the content is made available on an “as is, as available” basis and Peppy specifically disclaims any representations or warranties expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose and non-infringement. Peppy does not warrant or make any representations regarding the use or the results of use of the Products, Services, offerings, content, and materials made available through the Platform and the Services, including without limitation the availability, use, or results of the Services provided by a Practitioner.
1.15 Peppy Does Not Provide Medical Care
It is important to understand that the Services do not include the provision of medical advice by Us. Peppy is not a licensed medical care provider and Peppy does not act in a health care professional capacity. You should not change any treatment or care plan, medication or therapy based on information You received through the Platform or Services or from any Practitioners. Consultation with the Practitioners made available via the Services is supplementary to any treatment or care provided by Your health care provider and should not replace regular medical visits with Your health care provider. Always seek advice from Your physician or other qualified health care practitioner regarding Your medical condition or the use (or frequency) of any medication or medical device. Information provided by the Practitioners made available via the Services is offered for information purposes only and is not a recommendation or endorsement of any drug, device or treatment or representation that a particular drug, device, or treatment is safe, appropriate, or effective for You. Questions regarding any drug, device or treatment should be directed to Your healthcare provider. Never disregard professional medical advice or delay in seeking it because of something You have read in connection with Our Services. Always consult with Your healthcare professional if You have any questions or concerns about Your health or condition or experience any changes in Your condition or health status. Peppy Practitioners do not provide emergency services.
1.16 Other Disclaimers relating to information, content, courses and programmes provided by Peppy or its Practitioners on or via the Platform
Please note that all information, content, courses and programmes provided by Peppy or its Practitioners on or through the Platform are not intended to replace conventional medical treatment and care. Nor do they replace proper diagnoses and treatment by Your General Practitioner (GP) and are not intended to be medical advice. You may be advised by a Practitioner to consult Your GP either prior to or during a course or programme or at any time when using Our Services. Continuation of a course or programme or use of Our Services may depend upon You undertaking this. You should always seek the advice of Your GP or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information, content, courses or programmes made available on the Platform.
No one can guarantee specific results, and Peppy and its Practitioners shall not be liable to You or any third party where any information or content, or a course or programme, provided via Our Platform has not provided the expected result. Information, content and courses and programmes made available on the Platform have not been evaluated or approved by any regulatory body. You are ultimately responsible for all decisions pertaining to Your own health.
Recipes and nutritional information, content, courses and programmes
Your dietary needs and restrictions are unique to You. You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program.
The writers and publishers of Our Platform are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or hereafter. Whilst We make every attempt to ensure that the labelling of the recipes and ingredients accurately lists all of the ingredients used, We cannot guarantee that any ingredient You may choose is free from any allergen trigger. You are reliant on the representations and warranties made by the manufacturer and the safe handling, labelling and preparation of that particular ingredient as well as the source. If You or third party has any sensitivities or allergies to any listed ingredients, You or they should not consume or prepare these products or recipes or should consider an alternative ingredient. Our recipes are suggestions only. Should You or anyone third party, develop any symptoms or allergic reactions, You or they should discontinue use immediately and contact their medical professional.
Peppy occasionally offers nutritional information or content for recipes contained on Our Platform or through courses or programmes. Although Peppy attempts to provide accurate information, this information is provided as a courtesy and is an estimate only. Varying factors such as product types or brands purchased can change the nutritional information in any given recipe. Other factors may change the nutritional information and different online calculators can provide different results. To obtain the most accurate representation of the nutritional information in any given recipe, You should calculate the nutritional information with the actual ingredients used in Your recipe. You are solely responsible for ensuring that any nutritional information obtained is accurate.
Under no circumstances will Peppy or its Practitioners be responsible for any loss or damage resulting from Your reliance on nutritional information given though the Platform.
Workout, fitness and weigh management information, content, courses and programmes
You agree to obtain medical clearance from Your GP before participating in or attempting any exercise or fitness activity provided by Peppy or its Practitioners via the Platform. Peppy and its Practitioners shall not be liable for any injury sustained by You where You have failed to obtain the appropriate clearance by Your GP to participate in any activity.
Complementary courses and programmes provided by Peppy are intended to work side by side with conventional treatment where it is required. Peppy and Our Practitioners may give information, content, courses or programmes for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Although We and Our Practitioner will be as supportive and helpful as possible in all decision making and change processes, any resulting choices and changes made by You remains Your personal and legal responsibility.
Weight loss results can vary depending on the individual. There is no guarantee of specific results. The information, content, courses and programmes, including but not limited to, text, graphics, images and other material, contained on the Platform and/or as part of the course materials is for educational purposes only. Results May Vary: Causes for being overweight or obese vary from person to person. No individual result should be seen as typical. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person.
Therapeutic information, content, courses and programmes (e.g. Cognitive Behavioural Therapy)
Complementary therapies and any information, content, courses or programmes provided through the Platform are intended to work side by side with conventional treatment where it is required.
No one can guarantee specific results, and Peppy and Our Practitioners shall not be liable to You or any third party where such therapy has not provided the expected result. Peppy and Our Practitioners may give information or guidance for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Although We and Our Practitioners will be as supportive and helpful as possible in all decision making and change processes, any resulting choices and changes made by You remain Your personal and legal responsibility. In order to affect a change, CBT, counselling, coaching and mindfulness require commitment and honesty from You.
1.17 Limitation of Liability
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 these terms 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 You accepted these terms, 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 or for fraud or fraudulent misrepresentation.
When We are liable for damage to Your property. If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
We are not liable for business losses. The Platform is for domestic and private use. If You use the Platform for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events outside Our control. If Our provision of the Services or support for the Platform or the Services is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your contract with Us.
You may not assign, delegate, or transfer these Terms or Your rights or obligations hereunder, or Your Account, in any way (by operation of law or otherwise) without Peppy’s prior written consent. Peppy may assign its rights and obligations under these Terms. These Terms will inure to the benefit of Peppy’s successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms and the documents referred to in them constitutes the entire agreement between Us and You with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter. No amendments, modifications or waivers to these Terms shall be valid unless in writing and accepted or signed by Peppy. Notwithstanding anything in these Terms, Peppy shall have the right to unilaterally change these Terms from time to time in its sole discretion. We may discontinue or change the Services, or its/their availability to You, at any time. You also may be subject to additional terms and conditions that may apply when You use the products or services of a third party that are available through the Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by You or Us. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, disclaimers, limitation of liability and governing law.
1.20 Governing Law and Jurisdiction
These Terms and all documents referred to within them, are governed by English law and subject to the exclusive jurisdiction of the English courts.
2. Peppy Fair Use Policy
This is the Fair Use Policy of Peppy Health Limited (“Peppy”), a company registered in England and Wales under company number 11534232 with registered office address Kemp House, 160 City Road, London, England, EC1V 2NX. In this document, “We”, “Our”, or “Us” refer to Peppy. You, Your and Yourself refer to people with an End User account which authorises them to access Our Platform and Our Services.
We remind You that when You are connected to the internet via Our service You must comply with the law. End User account holders must not use Our service:
- for the improper use of a public electronic communications network which is or would be an offence under Section 127 of the Communications Act 2003;
- any unauthorised access or denial of service attack which is or would be an offence under Sections 1, 2 or 3 of the Computer Misuse Act 1990;
- to commit an offence under the Regulation of Investigatory Powers Act 2000; and
- to commit an offence under any other relevant UK legislation.
An End User’s use of Our service constitutes acceptance of this FUP. Peppy reserve the right to unilaterally revise and update this FUP from time to time.
2.2 Your Responsibilities
You are responsible for Your actions when connected to Our network and the systems You access through Your internet connection. If You act without care or irresponsibly in using Your internet connection or Your actions put at risk the integrity or security of the Peppy network, systems or equipment, Your access may be restricted, suspended or terminated, without prior notice.
In particular, You agree that You will not use, attempt to use or allow Your internet connection to be used to:
- store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable law or which is likely to be offensive or obscene to a reasonable person;
- store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless You have a lawful right to do so;
- do anything which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
- do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority;
- do anything which interferes with other users or restricts or hinders any person from accessing or using Our internet connection service or systems including the excessive usage of bandwidth under section 2.3 below;
- forge header information, email source address or other user information;
- access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
- deliberately compromise the security or integrity of any network or system including Our network;
- knowingly access, download, store, send or distribute any viruses or other harmful programs or material;
- send or distribute unsolicited advertising, bulk electronic messages or overload any network or system including Our network and systems (including the excessive usage of bandwidth under section 2.3 below);
- invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent;
- tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
- authorise, aid, abet, encourage, conspire with or incite any other person to do or attempt to do any of the above acts.
In addition, You may not use Our network to create, transmit, distribute, or store content that:
- violates a trademark, copyright, trade secret or other intellectual property rights of others;
- violates export control laws or regulations;
- violates the privacy, publicity or other personal rights of others;
- impairs the privacy of communications;
- constitutes deceptive online marketing, causes technical disturbances to Our network (including excessive usage of bandwidth under section 2.3 below), its affiliated networks, or the network used by End Users to access the Email service, or violates the policies of such networks by, including, but not limited to, the intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or
- assists, encourages or permits any persons in engaging in any of the activities described in this section.
If You become aware of any such activities, You are obligated to immediately notify Us and take all other appropriate actions to cause such activities to cease.
2.3 Excessive Usage of Bandwidth
The use of bandwidth which is inappropriate for a particular service is to be avoided. In the event that excessive usage of bandwidth on a consistent basis is detected Peppy will contact You to propose a more suitable service as a replacement. If You decline to accept the suggested replacement service and the excessive usage continues We reserve the right to restrict, suspend or terminate Your End User account access, at Our discretion.
Examples of excessive bandwidth usage are:
- a circuit that uses in excess of 100GB of bandwidth in a 24 hour period; or
- a group of circuits (as part of the same company or end user group) that consumes bandwidth in excess of 100GB at each site on the same day(s).
Large bandwidth requirements across numerous sites would be better suited by a solution that does not have the potential to impact other End Users.
2.4 Administration of Policy
You understand that the administration of this policy requires the exercise of discretion and judgment. Peppy agree to exercise good faith in the administration of this policy and in making determinations under the policy. Your failure to comply with the terms or this FUP or act in any way in which Peppy may determine in its sole discretion (acting reasonably) to be unfair or harmful, may lead to the permanent deletion of Your account.