Terms & Conditions for End Users/Members/Guests using Melp via an Apple product
This document sets out:-
a) the Terms on which the End User may access and use Melp by virtue of a licence granted to the Corporate Member and/or Education Member by Us; or
b) the Terms on which the End User is granted a licence to access and use Melp.
Please read these Terms carefully before You start to use Melp. By downloading or using Melp or by clicking the accept button below you agree to these Terms and Our Privacy Notice which can be accessed here
By agreeing to these Terms You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Agreement means an agreement between Us and You for You to use Melp in accordance with these Terms.
Apple means Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, and its subsidiaries and affiliates.
Charges means the payment made to Us by either the Corporate Member, Educational Member or Member for the licence to access and use Melp as set out in clause 9.
Corporate Member means the business (sole trader, partnership, limited company or other incorporated or unincorporated association) who We licence the use of Melp to for use by their employees.
Education Member means the school or university who We licence the use of Melp to for use by their students.
End User means the employee or student who uses Melp through the licence provided by Us to the Corporate Member or Education Member.
Guest means an individual user of Melp who is using a free version and has not paid to upgrade to the membership version.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Melp means a Subscription based service and mobile application (app) owned by Us.
Member means an individual user of Melp who has paid to upgrade to the membership version.
Subscription means the provision of licence from Us to You/Corporate Member/Employment Member to allow access and use of Melp.
Subscription Period means the period of time that You/Corporate Member/Employment Member are granted a licence to access and use Melp
Terms means the terms and conditions as set out in this document amended from time to time in accordance with clause 4.3 .
Us/Our/We means The Holistic Healthcare Group Limited (company number 11219836) whose registered address is 1 The Courtyard Clare Park, Crondall, Farnham, Hampshire, England, GU10 5DT.
You/Yours means the End User, Guest or Member.
Working Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
2. Who We are and how to contact Us
2.1 We are The Holistic Healthcare Group Limited of 1 The Courtyard Clare Park, Crondall, Farnham, Hampshire, England, GU10 5DT.
2.2 We are solely responsible for providing any maintenance or support in relation to Melp. You and We acknowledge that Apply has no obligation whatsoever to furnish any maintenance and support services in relation to Melp.
2.3 We, not Apple, are responsible for addressing any claims by You in relation to Melp or You possession and/or use of Melp.
2.4 If you have any questions, complaints or claims in relation to Melp You should contact Us on:-
2.4.1 Telephone: 020 8126 0479
2.4.2 Email: firstname.lastname@example.org
3. Basis of the Agreement
3.1 These Terms govern Your access to and use of Melp, including any content, functionality, and services offered on or through Melp.
The Agreement is between Us and You. You acknowledge that Apple are not a party to the Agreement and that We, not Apple, are solely responsible for Melp and the content thereof.
3.2 These Terms are subject to any terms and conditions agreed to by the Corporate Member or Education Member, if applicable, and to any rules or policies applied by any appstore provider or operator from whose site You download Melp.
3.3 We do not sell Melp to the Corporate Member, the Education Member or to You and We remain the legal and beneficial owner of Melp at all times.
4. Operating System Requirements
4.1 To download Melp You will require an Apple device with internet access and a minimum of 40MB of memory available. The minimum operating systems we support are Apple ios 9.0 or later.
5. Agreed Terms
5.1 These Terms apply to Your use of Melp and any updates or supplements. If any open-source software is included in Melp, the terms of an open-source licence may take precedence over some of these Terms.
5.2 By using Melp, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information and resources available from Melp. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on Melp.
5.3 We may change these Terms at any time by notifying You of a change when you next start Melp. All changes are effective immediately when We post them, and apply to all access to and use of Melp thereafter. Your continued use of Melp following the posting of revised Terms means that You accept and agree to the changes. The most current version of the Terms will supersede all previous versions.
5.4 From time to time updates to Melp may be issued. Depending on the update, You may not be able to use the App until You have downloaded the latest version and accepted any new terms
5.5 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld device used by You to download and use Melp. You are liable for Your own internet usage and mobile device charges.
5.6 By using Melp, You accept that internet transmissions are never completely private or secure. Whilst messages and information You send is encrypted You understand that any such message or information may be read or intercepted by others.
5.7 Melp may contain links to other independent third-party websites not under Our control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding Your interaction with any such websites.
6.1 In consideration of either :-
6.1.1 the Corporate Member or the Education Member agreeing to abide by Our ‘Terms & Conditions for Businesses/Employers & Schools/Universities’, We grant to them a non-transferable, non-exclusive licence to use Melp and to allow You to access and use Melp in accordance with these Terms; or
6.1.2 You agreeing to abide by these Terms, we grant You a non-transferable, non-exclusive licence to use Melp.
We reserve all other rights.
6.2 You may download Melp onto any Apple branded product that you own or control and view, use and display Melp on the product for your personal purposes only. The use of Melp by You is subject to the usage rules as set out in the Apple Media Services Terms and Conditions https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
7. Licence Restrictions
7.1 Except as expressly set out in these Terms you agree:
7.1.1 not to copy Melp or any part of it except where such copying is incidental to normal use or is necessary for the purpose of back-up or operational security;
7.1.2 not to sub-license, loan, translate, merge, adapt, alter, vary or modify Melp (or any part of it);
7.1.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Melp or attempt to do any such thing to the extent that such restriction is allowed by law;
7.1.4 to include Our copyright notice on all entire and partial copies you make of Melp on any medium;
7.1.5 not to provide or otherwise make Melp available in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and
7.1.6 to comply with all technology control or export laws and regulations that apply to the technology used or supported by Melp.
8. Acceptable Use Restrictions
8.1 You must:
8.1.1 not use Melp in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
8.1.2 not act fraudulently or maliciously, hack into or insert any malicious code, virus, or harmful data, into Melp;
8.1.3 not infringe Our intellectual property rights or those of any third party in relation to Your use of Melp;
8.1.4 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Melp;
8.1.5 not use Melp in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
8.1.6 not collect or harvest any information or data from Melp or attempt to decipher any transmissions to or from the servers;
8.1.7 comply with any applicable third party terms of agreement when using Melp.
9.1 With the exception of a Guest, all End Users and Members must have a valid Subscription to use Melp.
9.2 When a Member registers for a Subscription to access Melp the Member will be asked to select the type of Subscription required (monthly or yearly) and the Member agrees to pay all fees associated with the type of Subscription selected in accordance with clause 9 below.
9.3 An End User will be able to access and use Melp through the Subscription provided to the Corporate Member or Education Member in accordance with the Terms & Conditions for Businesses/Employers & Schools/Universities
10.1 If You are accessing and Using Melp via a Corporate Member or Education Member, payment will be made by them. As per clause 13.2.2 if the Corporate Member or Educational Member fails to pay any Subscription fees due We may terminate the Agreement and end Your right to access and use Melp.
10.2 A Guest may use Our free version of Melp, which offers a small selection of the therapies, tools and techniques on offer to showcase what We do.
10.3 If you are a Member the Charges will be set out for you before you purchase a subscription to Melp (i.e. before you download and access Melp). Payment will need to be made before you can download and purchase Melp.
11. Intellectual Property Rights
11.1 You acknowledge that all Intellectual Property Rights in Melp belong to Us or Our licensors.
11.2 You acknowledge that You have no right to have access to Melp in source-code form.
11.3 In the event of any third party claim that Melp, or Your possession and use of Melp, infringes that third party’s Intellectual Property Rights, We, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any such claim.
12. Limitation of Liability
12.1 You acknowledge that Melp has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of Melp meet Your requirements.
12.2 Although We make reasonable efforts to update the information in Melp, We make no representations, warranties or guarantees, whether express or implied that the content of Melp is accurate, complete or up-to-date.
12.3 You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to You.
12.4 We only supply Melp for personal use. You agree not to use Melp for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 You acknowledge that the information and resources available from Melp are for educational and informational purposes only and such information and resources are not intended as, and shall not be understood or construed as medical, health, or any other professional advice.
12.6 You agree that We have not made any guarantees about the results of taking any action, whether recommended on Melp or not. You recognise that your ultimate success or failure in improving your mental health will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond Our control.
12.7 You acknowledge that prior results do not guarantee a similar outcome. The results obtained by others using Melp are no guarantee that You or any other person or entity will be able to obtain similar results.
12.8 We are only responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or our negligence up to the total Charges paid by You. We are not responsible for any unforeseeable loss or damage, including any damage You may suffer as a result of failing to seek competent advice from a professional who is familiar with Your situation.
12.9 Nothing in these Terms seek to limit or exclude liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.
12.10 We are solely responsible for any warranties implied by law in relation to Melp. In the event that Melp fails to conform to any applicable warranty, You may notify Apple and Apple will refund the Charges. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in relation to Melp.
13.1 If the Subscription Period expires and You/Corporate Member/Education Member or the Corporate Member or Employment Member, as applicable, have not applied for a new Subscription, the Agreement and Your access to use Melp, will be immediately terminated. All access to and use of Melp is strictly limited to Your Subscription Period.
13.2 We may terminate the Agreement immediately by written notice to You:
13.2.1 if You commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
13.2.2 if You, or the Corporate Member or Educational Member on Your behalf, fail to pay any Charges applicable to the Agreement.
13.3 We reserve the right to terminate the Agreement with a Guest and withdraw use of Melp immediately by written notice.
13.4 On termination of the Agreement for any reason:
13.4.1 all rights granted to You under these Terms shall cease;
13.4.2 You must immediately delete or remove Melp from all devices, and immediately destroy all copies of Melp in your possession, custody or control.
14.1 You agree to indemnify Us and our directors, officers, agents, employees and contractors and keep Us and all of them indemnified against all losses, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by You of these Terms.
15.1 All communication to Us (including any notices) shall be sent to Our registered address at the top of these Terms.
15.2 If We have to contact You, or give You notice in writing, or the Corporate Member or Educational Member if applicable, We will do so by e-mail to the address You, or the Corporate Member or Educational Member if applicable, provide to Us.
16. Force Majeure
16.1 We will not be liable for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks.
16.2 In the event of any failure or delay in performance for reasons out of Our reasonable control, Our obligations under the Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the events outside Our control or We may elect to terminate the Agreement.
17.1 We may assign or otherwise novate Our rights and obligations under these Terms to a third party.
17.2 You may not transfer Your rights or obligations under these Terms to any other person.
18. Third Party Beneficiary
18.1 Apple is a third party beneficiary of the Agreement and has the right to enforce the Agreement against You as a third party beneficiary thereof.
19.1 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.
20.1 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21. Applicable Law and Jurisdiction
21.1 These Terms shall be governed by, and construed in accordance with, the laws England and Wales.
21.2 The parties agree and consent to the exclusive jurisdiction of the courts of England and Wales.
22. MEMBERS – THIS CLAUSE APPLIES TO INDIVIDUAL CONSUMERS OR MEMBERS ONLY
22.1 You may terminate this Agreement and cancel any Subscription to access Melp at any time within 14 Working Days, beginning on the day after You received Our acknowledgement of payment of the Charges, providing that You have not accessed and used any part of Melp during that period.
22.2 If You terminate the Agreement in accordance with this provision, You will receive a full refund of Charges paid. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase. We will process the refund due to You as soon as possible and, in any case, within 30 days of the day We received Your valid notice of termination.
22.3 By accessing and/or using Melp within the 14 day period specified at clause 22.1 you expressly consent to and acknowledge that your right to cancel will be lost.