Terms & Conditions (GTC)

About Oviva

Company name: Oviva UK Limited
Registered Number: 9667784
Registered Office Address: 64 Maltings Place, Tower Bridge Road, London SE1 3LJ., United Kingdom
Company Registration: England and Wales

Terms of Service

Scope

These general terms and conditions (hereinafter referred to as “Terms”) are an integral part of the contractual relationship between you and Oviva UK Limited regarding all services and products (hereinafter “Services”) of Oviva UK Limited.

The purpose of mobile consulting by Oviva UK Limited is to provide you with information and advice to enable a healthy lifestyle based on scientific knowledge. Each interaction with your coach is based on your needs, goals and constraints. You should only participate if you are willing to engage in adopting a healthier lifestyle. Oviva UK Limited provides you with professional, personal support and motivation.

Oviva UK Limited does not take any decisions, but provides guidance with information and practical tips. You are responsible for all the decisions you make regarding your health. You decide fully about your actions and your success depends on your attitude and effort. The success of a service depends on several other factors, which has Oviva UK Limited has no influence on. Oviva UK Limited can therefore not assume any guarantee for the success of the services. Oviva UK Limited cannot replace the advice of a doctor as well as medical advice, diagnosis or treatment.

NHS Services

Oviva provides services on behalf of the NHS in specific regions. Requirements for each service are specified in a contract with the local commissioning body, if you would like more information on your local service, please email contact_uk@oviva.com or write to us at Oviva UK Limited, 14 Wingate Business Exchange, London, SW4 0AF.

Non-NHS services conclusion of the contract

You can book non-NHS services of Oviva UK Limited via the “Chat” of the app “Oviva” or your treating doctor can refer you to Oviva UK Limited for nutritional advice. The contract is concluded with the acceptance of your booking via the app or by your consultant in the consultation.
Oviva UK Limited can provide you with Services at any time with immediate effect. Both Oviva UK Limited and you can cancel, without giving any reason, either via the app “Oviva”, by e-mail to contact_uk@oviva.com or by mail to Oviva UK Limited, 14 Wingate Business Exchange, London, SW4 0AF.
In the event of termination, the payments you have made will be refunded for the Services not yet received. If Oviva UK Limited makes the termination due to important reasons, such as due to incorrect information, Oviva UK Limited may retain all payments already received. Agreed consultations must be cancelled 24 hours in advance, otherwise they will be charged and will not be taken over by any health insurance company, but will be charged to you.

Non-NHS services non-utilization

If the services of Oviva UK Limited are not used by you, this neither entitles you to a price reduction nor frees you from the payment obligation for the booked services. Repayment of the payments made in this case is excluded.

Non-NHS services running time

The term of a contract is determined by the agreed service. The contract expires at the end of this term, without any express termination being required.

Non-NHS services prices

All prices are exempt from VAT as a clinical service. We reserve the right to change prices.

Non-NHS services payment terms

If a health insurance cover exists, the services of Oviva UK Limited will be invoiced directly to your health insurance company.
The following conditions apply to self-payers: Oviva UK Limited’s services are invoiced monthly in advance. All invoices are payable, net without deduction, within 7 days. Oviva UK Limited can withhold or interrupt its services until payment is received.

Non-NHS services settlement of payments

If the invoice is paid by credit card, payment is made via the online payment system of PayPal (https://www.paypal.com/uk/webapps/mpp/personal). In this case, processing of personal and payment data takes place directly via the provider of the payment system. Oviva UK Limited does not know or save your payment data. We will only be informed about the payment status so that we can activate the services you have purchased. PayPal applies the data protection regulations.

Data protection

If you accept Oviva UK Limited Terms and Conditions, you are confirming our privacy policies have been read, understood and accepted. In particular, you agree to the use of your data.

Limitations of liability

The services of Oviva UK Limited do not replace the advice given by your doctor. Please consult with a doctor for any health issues, concerns or circumstances. Do not delay or disregard medical advice based on information from Oviva UK Limited.
All your lifestyle changes are at your own risk. Oviva UK Limited assumes no responsibility either directly or indirectly for damage, health problems or inconvenience caused by the use or misuse of the information provided by Oviva UK Limited.
You are responsible for any consequences resulting from misstatements.
You agree to keep your password confidential for your user profile. If you pass on your password to a third party, you are responsible and liable for all executed user actions.
Oviva UK Limited is only liable for intent and gross negligence. Liability for slight negligence is excluded.

Copyright

Materials of Oviva UK Limited (e.g. questionnaires, guides, worksheets, etc.) are the property of Oviva UK Limited or have been licensed and are protected in whole or in part by copyright. They may be passed on to third parties only with the written consent of Oviva UK Limited.

Changes and additions

Oviva UK Limited reserves the right to amend and supplement the Terms and Conditions at any time.

Assignment of rights

Your claims arising from a contractual relationship with Oviva UK Limited shall be transferable only with the written consent of Oviva UK Limited.

Applicable law / jurisdiction

The contractual relationship between the customer and Oviva UK Limited is subject exclusively to English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales

Dated, 10.04.17

Privacy Policy

Applicable law

Data processing by Oviva UK Limited is subject to English law. Based on the UK Data Protection Act 1998, every person is entitled to protection of their privacy as well as protection against misuse of their personal data.

Measures for data security

We comply with the above provisions. We protect your personal data according to the state of the art appropriately with firewalls and other technical means. Only employees and agents of Oviva UK Limited, which are obliged to maintain confidentiality, can access this data. Other third parties do not have access to your personal data without your explicit consent.
Your data is stored in a medical security environment of Swisscom Health AG in Switzerland.

Please note, data is stored within the app “Oviva” on your mobile device, and the encryption depends on your device. If your smartphone is lost or stolen, there is a risk your data can be accessed. The person using the Oviva app is encouraged to password-protect their smartphone and use a device that includes encryption. The individual bears all risks for data loss from lost or stolen devices.

Use of the data

Your personal data, as well as all data collected during a treatment (e.g. data about activity, weight, etc., including from connected external apps e.g. Fitbit, Apple HealthKit, Google Fit) will only be used for rendering services according to contractual obligations. When Oviva UK Limited is providing NHS services; personal data is exchanged between Oviva UK Limited and referring healthcare professionals (e.g. your GP practice) for the purposes of caregiving. Furthermore, when Oviva UK Limited is proving NHS services, non-personally identifiable data on service users is shared with commissioning bodies for the purposes of evaluating our services. Your data can be analysed and used to improve our service (optimization, further development and research) during the duration of the contract and after the termination of the contractual relationship.

All personal data, such as name, address and messages, which you exchange with Oviva UK Limited or a consultant of Oviva UK Limited, are treated strictly confidentially. Without your explicit permission, your data will never be passed on to unauthorized third parties.

Subject Access Requests

You can change or delete the data entrusted to us at any time. This means that all data and thus all images are deleted from our system if you request this with a copy of your identification (passport, driving license) by mail to Oviva UK Limited, 14 Wingate Business Exchange, London, Sw4 0AF.

Dated, 10.04.17