This document (the "Agreement") is a legally binding agreement between you and Our Path Ltd, a company registered in England and Wales under number 08511152 ("OurPath") that governs your use of the online and mobile services associated with OurPath, including but not limited to, www.ourpath.co.uk and all associated subdomains (the "Website"), and the OurPath mobile application ("App").
For ease of reference, all the features and functionality of both the App and the Website, together with all its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System".
One component of the System is the self-help lifestyle improvement program with associated expert articles, tools, healthcare tracking technology, and online community (the "OurPath Service"). All terms governing the System also apply to the OurPath Service. The System and the OurPath Service are both owned and managed by Our Path Ltd.
Please note that you must read and agree to the terms and conditions of this Agreement before you use the System and/or the OurPath Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the System nor may you use the OurPath Service.
The terms "we", "us", "our" and "ours" when used in these terms mean OurPath, which includes any parent company, subsidiaries, branches or affiliates under common ownership or control of OurPath. The terms "you", "your" and "yours" when used in these terms mean any user of the System.
You acknowledge and agree that the OurPath Service is a personalized self-help system designed to help you improve your own wellbeing and that if you choose to access the OurPath Service you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that OurPath is not a medical organisation and that the OurPath Service is not intended to diagnose, treat or otherwise address any medical problem. The material on the System, whether posted by OurPath employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified care professional. You are urged to seek the advice of a doctor before beginning any weight loss programme. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the System, then the former should take precedence. The OurPath Service, the App and this Website are not intended for use by minors, or pregnant women. Individuals with any type of health condition are specifically warned to seek professional medical advice prior to initiating any form of weight loss programme.
The System is only available to either individuals who enter their card details, PayPal details, or who have had the Service commissioned for them by a third party partner (e.g. NHS England, a Clinical Commissioning Group, or their employer) ("Paid for Services"). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and OurPath Service in respect of which you or the third party have paid all applicable rental fees and charges, provided that you comply fully with the provisions of this Agreement.
If paying for your own programme, within the first 14 days of your OurPath start date, you may cancel your subscription to receive a full refund via email to firstname.lastname@example.org. Terms of the refund vary by whether you have selected the ‘hardware package’ or ‘no hardware package’.
(a) Hardware Package
If you have selected the ‘hardware package’ (i.e. £60/month) you will be given a free returns label to send back the healthcare technology that you have been provided with. Upon receipt of the returned hardware you will be offered a full refund if the weighing scales are not materially damaged (i.e. they can be reused for another customer). If the weighing scales are materially damaged then we will have to take the first £60 payment as a cover charge for this.
If the healthcare technology that you have been provided with is not returned within 30 days of cancellation, you will be charged for the full cost of the programme (equivalent to the cost of a 3-month minimum contract).
(b) No Hardware Package
If you have selected the ‘no hardware package’ (i.e. £30/month) you will need to arrange a return of the OurPath Handbook and Recipe Book yourself. Upon receipt of the returned books you will be offered a full £30 refund (we are unable to refund postage costs).
Through signing up to the OurPath programme, you are signing up for a 3-month minimum contract. At the end of the 3-month contract, you will transition to the 'Sustain' monthly payment plan. For both packages - once you have submitted a cancellation request your account will be disabled and you will no longer be able to access the OurPath programme.
To cancel at the end of your payment plan, simply let your mentor know.
OurPath reserves the right to vary this Agreement from time to time by amending this page. Registered user's will be notified of changes by the email address we have for you on file. Any material amendments intending to bind an existing user of the System shall become effective 7 days after the email.
You are urged and advised to seek the advice of a doctor before beginning any lifestyle improvement program. If you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
This programme is intended as a lifestyle change guide and is therefore not classified as a medical device, meaning the programme should not replace any existing recommendations that have been given by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such this programme may not be suitable for every individual. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying / existing medical condition before starting on this programme.
A team of nutritionists have provided advice for dietary information provided on the System and contained within the OurPath Service. Care has been taken to confirm that the information presented by authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
To access the OurPath Service, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
The System contains functionality that allows you to upload content in a public area (including, but not limited to, your online group). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in your online group.
The layout, design, content and graphics on the System and the OurPath Service are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
You agree that you will not use the System to:
You also agree not to:
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
The use of the System and OurPath Service (including but not limited to their content and features) is at your own risk. The System is provided on an "as is" and "as available" basis. To the extent permitted by applicable law, OurPath gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or the OurPath Service or to the accuracy of the information contained in any of the materials on the System or the OurPath Service. OurPath shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System. There is no guarantee of availability of information on the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from OurPath shall create any warranty on behalf of OurPath in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
To the fullest extent applicable permitted by applicable laws, OurPath, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System or OurPath Service, even if you have advised OurPath about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the System by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of OurPath (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the OurPath Service. Any claims arising out of or in connection with your use of the System must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors' liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
OurPath will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. OurPath reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within OurPath's reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
Certain hypertext links in this site may lead to other third party websites, which are not under the control of OurPath. When you activate any of these you will leave the System and OurPath has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of OurPath. OurPath does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold OurPath and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System (and all related materials) or any applicable laws, regulations or third party rights.
OurPath may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or OurPath. OurPath reserves the right to terminate this Agreement or suspend your OurPath account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If OurPath terminates this Agreement, or suspends your OurPath account, for any of the reasons set out in this section, OurPath shall have no liability or responsibility to you whatsoever.
The System is controlled by OurPath from its offices in the United Kingdom. Access to, or use of, the System, including the OurPath Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 8 (Intellectual Property), Clause 12 (Limitation), Clause 15 (Indemnity), Clause 17 (Entire Agreement), Clause 18 (Severability and waiver) and Clause 20 (Governing Law and Disputes).
You can contact us via the following details:
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.
Effective Date: This document is effective as of December 22th 2017.