Terms & Conditions for Beyond App & the Wellness Hub Services

TERMS OF USE FOR THE BEYOND APP

You should make sure that you read these Terms of Use carefully before using the Beyond App (“the App”). By creating an account or using the App, these terms will automatically apply to you.

The App is operated by Beyond by H&B, herein referred to as “We” or “Us”.

USER REGISTRATION

You will be required to register an account to access the content of the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

USER REPRESENTATIONS

By using the App, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 18; (3) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the App for any illegal or unauthorised purpose; and (5) your use of the App will not violate any applicable law or regulation.

INTELLECTUAL PROPERTY RIGHTS

You are not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages or make derivative versions. You are not allowed to use the App, or any part of the App for commercial purposes. You are not allowed to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Beyond by H&B.

APP USAGE

Beyond by H&B is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to any aspect or to discontinue the App without prior notice or liability.  We also reserve the right to charge for its services, for any reason. We will never charge you for the App or its services without your agreement and making it very clear in advance exactly what you are paying for.

Certain functions of the App require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. We do not take responsibility for the App not operating at full functionality if you do not have a sufficient connection or an adequate level of mobile data.

If using the App using mobile data, you should remember that your terms of agreement with your mobile network provider will still apply.  As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App. You accept full responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country).

If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App and any chargers will remain the bill payer’s responsibility.

You also need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to make use of the Service, Beyond by H&B cannot accept responsibility.

CHANGES TO THE APP

From time to time, we may need to update the App. You will need to download the latest versions if you want to keep using the App. You therefore agree to download the updates when they are offered to you.

We also reserve the right to discontinue the App at any time. We may terminate use of the App at any time without giving notice to you. Unless we tell you otherwise, upon any termination, (a) the rights granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

We do not guarantee that the App will be error free and uninterrupted, or that defects will be corrected. Whilst every endeavor is made to ensure the accuracy of the App, we will not be held accountable for any errors in content or outcomes resulting from the errors.

YOUR INFORMATION

Our Privacy policy explains how we handle your personal data and how we protect your privacy when using the App. You can find our Privacy Policy here.

You are solely responsible for the data that you provide or that relates to any activity you have undertaken using the App.

It is your sole responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Beyond by H&B App will not work properly or at all. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, where such security features have been removed.

You have the right to close and delete your account at any time. To do this, please contact privacy@beyond100.com and also refer to our Privacy Notice which you can read here.

LIMITATION OF LIABILITY

You understand and agree that we will not be responsible for losses that were not caused by us or our breach of these Terms of Use.

Neither party shall be liable to the other for any indirect or consequential loss whatsoever (including but not limited to loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill).

Nothing in these Terms of Use limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

THIRD-PARTY WEBSITES, APPS AND CONTENT

The App may contain links to other apps and websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

If you decide to leave the App and access any Third-Party Websites or choose to install any Third-Party Content, you do so solely at your own risk. Once you leave the App, these Terms of Use will no longer apply, and you should therefore review the applicable terms of use and policies of the relevant Third Party. This should include their policies on privacy and data processing practices.

Purchases you make through any such Third-Party Websites are exclusively between you and the applicable Third Party. Any purchase will be handled by the third party and we have no involvement or responsibility in relation to these transactions.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you accept that we are not liable for any harm caused by your use of such services or purchase of such products.

WELLNESS HUB SERVICES – Terms Of Service

The following Terms of Service apply when using the services of the Wellness Hub provided either through the Beyond App or in one of our Wellness Hub stores (“the Services”). If you do not agree to these Terms & Conditions, you should not use the Services.  

The Services

The Services are intended to provide you with an indicative wellness score and provide you access to supporting resources to assist your wellness goals. Some of these resources include services that are provided directly by Third Parties. You accept that, if you choose to sign up for or request these resources, that these services are subject to the terms and conditions of the relevant Third Party.

We recommend that you read and acknowledge the Third Parties terms and privacy notices before signing up for or requesting any Third-Party service.

These Terms & Conditions only apply to the Services which are provided directly by Beyond by H&B.  

While we take reasonable steps to ensure that any Third Parties offering resources as part of this service are reputable, we are not liable for any loss or damage caused by or in connection with these Third Parties.

Medical Advice

The Services do not provide medical advice and are only intended to provide general information about your overall health and wellbeing to assist you with your personal goals. It is not intended to replace a consultation with your doctor or medical advice.

Please consult your doctor or a healthcare professional. If at any time you require urgent medical care, you should contact 999.

Your Information

Beyond by H&B respects your privacy and is committed to protecting your personal information.  We need to process some of your personal information in order to provide you with the Services.

Any personal information that you provide is processed in accordance with our Privacy Notice, which you can read here.

Complaints

We are always interested in feedback from our customers.

While we are not liable for the service you receive from any third party, we do appreciate any feedback regarding your complete wellness journey.

If you do have any concerns or wish to highlight a recent experience as part of the Wellness Hub service, you can contact us using feedback@beyond100.com.  

CHANGES TO THESE TERMS AND CONDITIONS

We may update our Terms of Use or Terms of Service from time to time without notice to you. We will aim to provide notice where possible. We will notify you of any changes by posting the new Terms of Use on this page. We will make sure that where significant changes are made these are drawn to users’ attention.

If you do not agree to any modified terms, you should cease use of the App and terminate your account in line with the provisions above.

CONTACTING US

If you have any questions or suggestions about our Terms of Use of the App or Terms of Service do not hesitate to contact us at feedback@beyond100.com  or you can speak with our Colleagues in store who will be able to help you.

If you have any questions about our privacy notice, please contact us at privacy@beyond100.com.

 

CORPORATE INFORMATION

Beyond by H&B is a trading name of Beyond 100 Limited, part of the Holland & Barrett Group of Companies, with registered company number 12526822 and registered address at Devonshire House, One Mayfair Place, London, W1J8AJ.

APPLICABLE LAW

These Terms & Conditions are governed by English law and are subject to the non-exclusive jurisdiction of the English Courts.

We do not accept amendments to these Terms & Conditions.