The following terms and conditions (the "terms and conditions") are a legal agreement between the Member "you") and Vitality Corporate Services Limited trading as VitalityHealth and VitalityLife ("we", "our", "us"), a company with a registered office at 3 More London Riverside, London SE1 2AQ and registered number 05933141.
These terms and conditions together with our Privacy Notice (See Clause 12 below) set out the terms on which you may make use of our Application (as defined below). Please read these terms and conditions and Privacy Notice carefully before you start to use our Application.
By downloading or using our Application, you agree that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our Application.
1. DEFINITIONS AND INTERPRETATION
In addition to the capitalised terms defined elsewhere in these terms and conditions, the following terms shall have the meanings set out below.
1.1 “Active Rewards” means the weekly or monthly rewards earned as a result of you getting active or driving well in accordance with the requirements set out in full on the Member Zone.
1.2 "Application" means the Application published by us for use on mobile telephones and smartphones, tablet computers, laptop computers and other devices through which you can review your benefits, generate your Active Rewards and track your Vitality points.
1.3 "Intellectual Property Rights" means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
1.4 “Member” means a customer of Vitality Corporate Services Limited who has the benefit of a VitalityHealth, VitalityLife, VitalityInvest and/or VitalityCar Plan (including any named drivers on the Plan), or who is a beneficiary under a medical health scheme administered by VitalityHealth.
1.5 “Member Zone” means the online portal https://member.vitality.co.uk/login through which you can review your Plan documents, benefits, understand your health, generate Active Rewards and track your Vitality points.
1.6 “Plan” means a car insurance plan, a private medical insurance plan, protection plan or policy including a medical expenses trust administered by Vitality Corporate Services Limited.
2. TERMS AND CONDITIONS
2.1 In consideration of you agreeing to abide by these terms and conditions we will provide the Application to you in accordance with these terms and conditions.
2.2 You agree to comply with any third party terms applicable to the downloading of our Application and in relation to the use of your device.
3. INFORMATION ABOUT US
Our Application is operated by Vitality Corporate Services Limited, a company with a registered office at 3 More London Riverside, London SE 1 2AQ and registered number 05933141, with trading address at 5th Floor East, Eighty Strand, London, WC2R 0DT.
4. YOUR QUESTIONS
If you have any questions on our Application, please email us using our secure web form which can be found at https://member.vitality.co.uk/Vitality/emailus
5. LICENCE
5.1 Subject to these terms and conditions, we grant to you a non-exclusive, non-transferable, royalty free licence, without the right to grant sub licences, solely for your personal use and solely for the duration of this agreement between us to install one copy of the Application onto a single approved device as set out below. If you own more than one approved device then you must download a separate copy of the Application to that device.
6. USING OUR APPLICATION
6.1 By downloading our Application you warrant that:
6.1.1 you will utilise the Application solely to review and utilise your benefits, generate your Active Rewards and track your Vitality points;
6.1.2 you are legally capable of entering into binding contracts;
6.1.3 you are at least 18 years old; and
6.1.4 you will abide by these terms and conditions in particular the prohibited uses at clause 9.
7. ACCESS TO OUR APPLICATION
7.1 Access to our Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Application without notice (see below). We will not be liable if for any reason our Application is unavailable at any time or for any period.
7.2 From time to time, we may restrict access to some parts of, or our entire Application.
7.3 You are responsible for making all arrangements necessary for you to have access to our Application.
7.4 You are responsible for controlling the access to and security settings of any device on which you install the Application.
8. HOW THE CONTRACT BETWEEN YOU AND US IS FORMED
8.1 You enter into a contract with us in relation to your use of our Application when you download our Application onto your device. This contract is distinct to your rights and obligations under the terms and conditions set out in full on the Member Zone.
9. PROHIBITED USES OF APPLICATION
9.1 You may use our Application only for lawful purposes. You may not use our Application:-
9.1.1 in any way that breaches any applicable local, national or international law or regulation;
9.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.1.3 for the purpose of harming or attempting to harm adults and/or minors in any way;
9.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
9.1.5 in any way which contravenes the virus and hacking provisions as set out in Clause 13.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all Intellectual Property Rights in our Application, and either own all Intellectual Property Rights in, or are licensed to publish, the material on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms and conditions will be construed as conferring any licence of our Intellectual Property Rights except those licences expressly granted in these terms and conditions.
10.2 Except as set out in this clause 10, you must not use, copy, store, download, sell, reproduce, redistribute, disclose, publish, rent, lease or lend the Application during or after the term of this agreement.
10.3 You agree not to modify the Application, remove any copyright, trade mark or other Intellectual Property Rights from the Application or allow a third party to do so.
10.4 You must not remove any copyright, trade mark or other Intellectual Property Rights legend from the Application.
10.5 You agree not to make use of any of our trademarks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so.
10.6 You agree not to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the Application.
10.7 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.8 You must not use any part of our Application or materials on it for commercial purposes without obtaining a licence to do so from us and our licensors.
10.9 If you print off, copy or download any part of our Application in breach of these terms and conditions, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. RELIANCE ON INFORMATION POSTED
11.1 Your Vitality points may take longer to update on the Application than on the Member Zone. Please log into the Member Zone to view your most up to date and accurate Vitality points statement.
11.2 Commentary and other materials posted on our Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Application, or by anyone who may be informed of any of its contents.
12. PRIVACY NOTICE
This Privacy Notice is complementary to, and should be read and understood together with, the general terms and conditions.
12.1 The General Principles of our Privacy Notice
12.1.1 This Privacy Notice covers how we treat your personal information collected electronically when you use the Application, register or apply online for any of our products or services, or when you contact us electronically.
12.1.2 We respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
12.1.3 When dealing with your personal information we apply the following:
(a) We will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so;
(b) We will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted or required to do so by law
12.1.4 By using the Application, registering or applying online for any of our products or services, or contacting us electronically, you confirm that we may share your and your dependants and/ or beneficiaries information within the Vitality Corporate Service Limited group of companies for administration and fraud prevention purposes or where required to provide Group wide services, benefits and infrastructure to assist you in your personal or professional capacity.
12.2 What do we mean by Personal Information
12.2.1 Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website. Any information about your health and wellness interests, your lifestyle, your eating habits and nutrition, your exercise regime and all related information will also be regarded as personal information.
12.3 How we collect your Personal Information
12.3.1 Whenever you use the Application, complete an application form, contact us electronically, or use one of the products, services, facilities, tools or utilities offered by us on the Application, we will collect your personal information.
12.4 Why we collect and use Personal Information
12.4.1 In order to make your use of the Application and the products, services, facilities, tools or utilities offered on the Application as informative and successful as possible, it is necessary for us to find out exactly what you need and want.
The following are some of the reasons (i.e. disclosed reasons) why we would collect your personal information:
(a) for us to process your instructions or requests; or
(b) for us to ensure that we meet your needs, we may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
(c) once we have collected and analysed your personal information, we may send you promotional material or details which we think may be of interest to you.
(d) to conduct market research;
(e) to conduct academic research which may be used to evaluate and improve our product offerings. You are advised that information may be shared with third parties such as academics and researchers. All such information collected will be kept strictly confidential and all data will be depersonalized to the extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. If we publish the results of this research, you will not be identified by name.
12.4.2 Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given us your consent you no longer wish us to use or share your personal information, you may at any stage withdraw your consent.
12.4.3 You accept that we may store your personal information outside of the region or country that you may submit or use it in.
12.5 Location data
12.5.1 Once you have given the Application access to your location, we collect the latitude and longitude of your device/s as well as information relating to your movement. Your location can be determined using the following:
(a) GPS;
(b) IP address;
(c) Sensor data from your devices; and;
(d) Mobile phone towers and Bluetooth-enabled devices near your device.
12.5.2 We use your location data for certain features on the Application such as emergency assistance, or measuring your driving to allocate rewards.
12.5.3 If you would no longer like us to collect location data, you may adjust your device settings. This will have an impact on certain features on the Application, such as the ability to locate you in case of emergency.
12.5.A Google user data
12.5.1A Once you have given the Application access to your Google user data, we collect your activity (steps) and heart rate data from the Google Fit app/s on your device/s.
12.5.2A We use your Google user data to award you points and rewards.
12.5.3A The Application's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
12.5.4A If you would no longer like us to collect your Google user data, you may adjust your Google Fit app settings. This will have an impact on our ability to award you points and rewards.
12.6 Protection of your Personal Information
12.6.1 We value the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information we have concerning our members is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
12.6.2 When you use the products, services, facilities, tools or utilities provided by us in Member Zone, you may be given an access number, username, password and/or personal identification number (PIN). You must always keep your username, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
12.7 Correction of Personal Information
12.7.1 If you ever want to update or correct any of your personal information held by us, you can e-mail us or you can phone our contact centre.
12.8 Personal Information held by or disclosed by you or us to a third party
12.8.1 Because we are not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social
networks like Facebook or Twitter), we don’t exercise control over the privacy policies of these third parties and you should refer to the Privacy Notice of these third parties to see how they protect your privacy.
12.8.2 We may enter into arrangements with its partners or other third party suppliers which will require us to disclose your personal information to these third parties for the purpose of transferring data to us from a device(s) that measures bodily functions or fluids. You hereby consent to us disclosing your personal information to these third parties for this purpose and you also consent to receiving data about yourself from these third parties. If at any time after you have given us your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
12.9 Cookies and Online advertising
12.9.1 We uses cookies. We use the word “cookie” to refer to information that is sent from Member Zone to your hard drive, where it is saved. In this way, the next time you use the Site Member Zone, we will know who you are and that you have
visited Member Zone before. We also collect information about how you use the website, your preferences and past browsing history.
12.9.2 We engage third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about our members to help us understand the offers, promotions, and types of advertising that are most appealing to our members. The personal information they collect is aggregated and cannot be linked to a person.
12.9.3 Third party vendors, including Google and DoubleClick, show our ads on sites on the internet.
12.9.4 Third party vendors, including Google and DoubleClick, use cookies to serve ads based on a user's prior visits to our website.
12.9.5 Users may opt out of Google and DoubleClick's use of cookies by visiting the Google advertising opt-out page or by visiting the Network Advertising Initiative opt out page.
12.10 Changes to this Privacy Notice
12.10.1 We may amend this Privacy Notice from time to time. We will give you notice of any material changes within a reasonable time, however, we recommend that you familiarise yourself with this Privacy Notice regularly.
12.10.2 The current version of this Privacy Notice will govern the respective rights and obligations between you and us each time that you access and use Member Zone
12.11 Which laws apply to this Privacy Notice
12.11.1 This Privacy Notice is governed by the laws of the United Kingdom, and you consent to the jurisdiction of the English courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this Privacy Notice.
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1 You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
13.2 You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our Application, the server, equipment or network on which our Application is stored, any software used in the provision of our Application or any server, computer or database connected to our Application. You must not attack our Application via a denial of service attack or a distributed denial of service attack.
13.3 By breaching this clause 13, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.
13.4 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Application or to your downloading of any material posted on it, or on any website linked to it.
13.5 You must not reproduce duplicate, copy or re-sell any part of our Application in contravention of the provisions of these terms and conditions.
14. SUSPENSION AND TERMINATION
14.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate including terminating this agreement. If this agreement is terminated for any reason you will delete our Application from your device and we have the right to block your access to the Application.
14.2 Failure to comply with these terms and conditions constitutes a material breach of these terms and conditions upon which you are permitted to use our Application, and may result in our taking all or any of the following actions:-
14.2.1 immediate, temporary or permanent withdrawal of your right to use our Application;
14.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Application;
14.2.3 issue of a warning to you;
14.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
14.2.5 further legal action against you;
14.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15. OUR LIABILITY
15.1 The Application is provided free of charge and therefore is provided to you on your own behalf without any guarantees, conditions or warranties as to its accuracy (whether express or implied). To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude liability for:-
15.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
15.1.2 loss of profits;
15.1.3 any direct, indirect or consequential loss or damage incurred by you in connection with our Application or in connection with the use, inability to use, or results of the use of our Application, any websites linked to it and any materials posted on it, including, without limitation any liability for:-
(a) loss of income or revenue (whether direct or indirect);
(b) loss of business (whether direct or indirect);
(c) loss of profits or contracts (whether direct or indirect);
(d) loss of anticipated savings (whether direct or indirect);
(e) loss of data (whether direct or indirect), except where we have materially breached any relevant data protection laws or regulations which apply to us;
(f) loss of goodwill (whether direct or indirect);
(g) wasted management or office time (whether direct or indirect); and
(h) 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, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
15.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
15.3 Your sole right and remedy in the event of any defect in the Application or its operation, to the exclusion of all other remedies, will be to terminate the licences described in these terms and conditions and to delete the Application from your device.
16. OUR APPLICATION CHANGES REGULARLY
We aim to update our Application regularly, and may change the content at any time. If the need arises, we may suspend access to our Application, or close it indefinitely. Any of the material on our Application may be out of date at any given time, and we are under no obligation to update such material.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We may revise these terms and conditions at any time by amending this page. Please check this page from time to time which can be found on the Application login page. Material changes to these terms and conditions will be notified to you.
17.2 You will be subject to the policies and terms and conditions in force at the time that you download our Application and then at the time that an Active Reward is generated, unless any change to those policies or terms and conditions is required to be made by law or governmental authority.
18. JURISDICTION AND APPLICABLE LAW
18.1 The English courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, the Application.
18.2 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19. ASSIGNMENT
You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent.
20. SEVERABILITY
If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.
21.2 We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
Thank you for using our Application.