Terms & Conditions For Jonple Apps
Terms and Conditions
1.2 The App is made available by Jonple Limited, with its registered address at The Old Tannery, Eastgate, Accrington, Lancashire, United Kingdom, BB5 6PW United Kingdom (“Jonple”, “us” “we” or “our” for short) and registered company number 10917359.
1.3 The App is available for order via the website [link] (the “Site”). By signing an online order form for the App including the initial data set referred to in Term 2 below you have committed to pay monthly payments for the App for any stated minimum term and any further period during which you use the App, unless your use of the App is terminated in accordance with these terms.
1.5 If you receive access to the App on the recommendation of a health care provider (“Provider”), the Provider may impose additional terms on your use of the App and of reports generated with the benefit of it, and these additional terms are between you and the Provider and are not terms to which we are party.
1.6 You may terminate your use of the App by giving us 30 days notice in writing, ending no earlier than the last day of the third month of your initial licence term.
2 Information and Personal Data
2.2 On your signing up for the App, we request an initial data set including basic items such as name, age, date of birth, height and weight. Once you have subscribed and signed up for our monthly package, the next stage will be to ask you to complete a detailed questionnaire which will form the basis of our customized program. That will include specific questions as to whether you are aware of any medical reasons which might make the use of the App or your participation in the program contra-indicated. We reserve the right to terminate your use of the App and refund any money paid by you at this stage, in the event we conclude that in our professional judgment it is not advisable for you to use the App.
2.3 Your attention is expressly drawn to the iterative nature of the App. Information derived from users will at all stages be used to refine and personalize the program offered to you. Specific triggers within the App may prompt us to recommend that you make use of external resources such as consulting your GP or taking part in individual counselling. Furthermore, your feedback on exercise routines such as ‘too easy’ or ‘too hard’ will lead to our modifying those routines accordingly.
2.5 . It is your responsibility to ensure that the data which you input into the App is as accurate as possible, and your attention is drawn to the point that we cannot be responsible for errors, inaccuracies or failures arising from inaccuracies in your data.
3 Your use of the App
3.1 We hereby grant you a personal, non-exclusive, non-transferable, limited, right to access the App for your own limited, personal, and lawful use, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited licence basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.2 Disclaimer The App is a health and wellness app intended to offer guidance and support and generate a tailored program in the areas of nutrition, fitness and mind. Specific modules will cover specific conditions such as diabetes, heart disease or pregnancy. However, the App should not be used as a substitute for a formal diagnosis and should be used in conjunction with your own medical advice and never used contrary to any medical indications.
3.3 You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Jonple’s prior written permission
3.4 If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests)
3.5 You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms
3.6 Please note that use of the App and is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
4.1 The App and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied save as expressly set out in these terms.
4.2 Jonple warrants that the App has been created with reasonable care and skill by personnel having relevant skills in the field of nutrition, psychology/wellbeing and exercise, and that Jonple will use its reasonable efforts to keep the App updated in accordance with current good practice in those fields.
4.3 Save as expressly set out above, to the greatest extent permitted by law, Jonple disclaims all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Jonple does not warrant that the functions contained in the Materials will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4.4 Save in respect of any liability for personal injury or death caused by our negligence, or any other liability which may not be excluded or limited by law, Jonple shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App, or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.5 Without prejudice to term 4.4 above, and subject as provided in the remainder of this term 4, any liability of Jonple to any user of the App arising whether as a result of breach of these terms, negligence, breach of statutory duty or under any other legal theory whatsever shall be capped at the higher of twice the fees paid by the user for the use of the App in the twelve months prior to the incident giving rise to the claim, or [£300.]
4.6 While we use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, Jonple shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the App
4.7 The App will be used on your device and, like all mobile apps, in order to operate will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the App abroad or in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications with service providers in respect of the use of the App on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the App.
5.1 Any information, data, reports, analysis and results which are created following your installation of the App on your mobile device (“Data”)will be licensed for you for your own health and wellness purposes.
5.3 We will in processing your data input through the App comply with all Data Protection Legislation. “Data Protection Legislation” means all privacy laws applicable to the data which is processed under or in connection with this Agreement, including General Data Protection Regulation ((EU) 2016/679) (“GDPR”), the Data Protection Act, 2018, all regulations made pursuant to and in relation to such legislation and including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (or equivalent local regulations) together with all codes of practice and other guidance on the foregoing issued by any relevant Data Protection Authority, all as amended from time to time;.
5.4 We do not audit the usage of the App and we are not under any obligation to use, collect or analyse any Data relating to you.
5.5 Your Data will be deleted on termination of your contract with us, save where these terms expressly permit our retention of it or we are obliged to retain it as a matter of law.
In your use of the Site and the App, you agree that you will adhere to the following (Acceptable Use Policy). You agree to:
6.1 Not circumvent or attempt to circumvent any security protections on the Site or relating to the App and including (without limitation) re-registering as a user of the App if your use of the App has previously been terminated by us for breach.
6.2 Keep your passwords and any material you use to access the App or any limited part of the Site confidential.
6.3 Be accurate and not misleading in data which you upload to the App.
6.4 Not breach, in any way, Data Protection Legislation or any other applicable local, national or international law or regulations.
6.5 Without limitation to the previous point, you will not use the App or the Site to process any other person’s personal data unless you have their express consent to do so.
6.6 Without prejudice to the foregoing) not be discriminatory (whether on the grounds of race, sex, sexuality, disability, marital or family status or on any other protected status grounds) or in our reasonable opinion do anything which might constitute biased or hate speech.
6.7 Not be defamatory.
6.8 Not, in our reasonable opinion, be offensive, harassing or abusive.
6.9 Not use the Site or the App in ways which are unlawful or fraudulent or have any unlawful or fraudulent purpose or effect.
6.10 Not use the Site or the App in ways which for the purpose of harming or attempting to harm minors in any way.
6.11 Not upload anything to the Site which contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.12 Inform us as soon as reasonably practicable if you become aware that you are or may be in breach of any of the above points and comply with our reasonable directions with respect to remedying the situation.
We reserve the right to make changes to these Terms, or to the functionality, features or content of the App at any time. Changes to these Terms will be announced on our website. Please be sure to visit it regularly. The date of the latest revision to these terms is as set out above; we will also use reasonable endeavours to alert you to major changes to the Terms or to the functionality, features or content of the App by emails or message alerts. Your continued use of the App after any change has been notified to you will be considered consent to that change.
These Terms are personal to you and Jonple and may not be enforced by any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.1 These Terms shall be governed by the laws of England and Wales and any matter or dispute arising in connection with them or in connection with the App shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts formed by these Terms shall be construed in English.
10.2 You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the App. To the extent that the App or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the App or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.