Trilogy Health: Terms and Conditions of App
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
0. Who we are and what this agreement does
1. We Trilogy Health Ltd of 3 Copper Beech Court, Horsforth, Leeds, West Yorkshire, United Kingdom, LS16 6FW license you to use: -
a) Trilogy Health version 1.0.1 mobile application software (App) and any updates or supplements to it; and
b) The service you connect to via the App and the content we provide to you through it (Service)
as permitted in these terms.
2. This App requires a mobile phone device with a minimum of 2 GB RAM and 200 MB of available storage on iOS (minimum iOS 12.0) or 2 GB RAM and 150 MB of available storage on Android (minimum Android 9 / API 28).
1. Interpretation:
1. In these Conditions the following expressions have the meanings assigned to them respectively: "The App" or “Trilogy Health” means Trilogy Health App
2. "Conditions" means the terms and conditions outlined herein including any additions or variations of these terms and conditions made by Trilogy Health;
3. "Customer" means any person to whom Trilogy Health sells or supplies a Product; "Party" means both a Customer and Trilogy Health;
4. "Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content;
5. "Order" means an Order placed by a Customer for the purchase of a Product from Trilogy Health;
6. "Payment Method" means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
7. "Product" means any item including The App, goods, services digital products, ebooks, pdf downloads, resource material, online content etc. sold by Trilogy Health to the Customer through an Order;
8. "State" means the United Kingdom
9. "We" refers to Trilogy Health; and
10. "You" refers to a Customer;
2. In these Conditions:
1. Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
2. The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
3. Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
4. A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
5. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
6. If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
7. The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
8. Each provision hereof will be construed and will take effect according to the laws of the State and all rights, liabilities, and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
3. General
1. The Trilogy Health app is a Site that you can select, Order and access Products advertised by Trilogy Health.
2. The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing, or using this App.
4. Agreement to these Conditions
1. By placing an Order with Trilogy Health, you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy from Trilogy Health.
2. By accessing, browsing, using or by placing an Order through this App, you accept and agree to be legally bound by these Conditions, (which include our Disclaimers and Our Responsibilities to You including our Privacy Policy. These Conditions will apply to all Orders placed or to be placed with Trilogy Health for the sale and supply of the Products. None of these Conditions affect any rights or obligations imposed under UK Law.
3. By accessing, browsing, or using this App you acknowledge that you have read, understood and agreed to these Conditions.
5. Account
1. Prior to placing an Order, you must create an account though the App.
2. Any information that you provide in this Account creation process will be held and used by us in accordance with our Privacy Policy.
3. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.
4. All information provided to us in the Account creation process must be true and correct. A Customer must not have more than one active account at any time.
5. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
6. You must notify us of any changes to your personal information or your payment method which was provided by you in the Account Creation process.
7. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting support@trilogyhealthapp.co.uk
6. Intangible Product Licences
1. Many of our Products are intangible and may come in the form of eBooks, PDF downloads, resource material, videos, or online content. All of these Products are subject to copyright protection.
2. These intangible Products remain the property of Trilogy Health. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Trilogy Health grants to the Customer a single Licence to use the Product subject to these Conditions.
3. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Trilogy Health may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
4. Any intellectual property rights in the App belong to us and the rights in the App are licensed (not sold) you. You have no intellectual property rights in, or to, the App, other than the right to use them in accordance with these Conditions.
7. Subscription Charges:
1. Subscriptions will occur as per your chosen subscription duration. Payments will continue until terminated. Unless the subscription is cancelled before the billing renewal date, the fees and charges will be charged on a rolling basis to your nominated Payment Method.
2. The subscription fees and charges will be billed up front. e.g: 1 month subscription is a monthly rolling contract at the price of 1 month, whereas the 12-month subscription is a single upfront charge for the full amount. The subscription will rollover and auto-renew unless you have this feature disabled on your device.
3. Trilogy Health reserves the right to vary the fees charged for our subscription-based Products from time to time. If fees are varied through the exercise of this right, then Trilogy Health will inform you of any such variation and provide you with one month’s notice of any such change.
4. We do not offer refunds or credits for unused Subscription periods, accidental purchases, medical conditions, or any similar reason or event,
5. You must cancel 48 hours before billing roll over to prevent a new billing period starting.
6. Upon your subscription to the App, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.
7. You must notify us of any change to your Payment Method. If you do not notify us of any such change, then Trilogy Health will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
8. If any subscription fees or charges billed to your account are not processed for any reason, then Trilogy Health will have the right to suspend your subscription until all fees and charges have been paid in full.
9. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Trilogy Health in collecting any unpaid subscription fees or charges from the Customer.
10. Subscription fees will apply regardless of whether or not you use your subscription.
11. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.
12. Subscription products and trials are available to new users on iOS and Android;
13. By subscribing to the Trilogy Health App, you will gain full and unrestricted access to all the App’s interactive exercise, nutrition, and physiotherapy content. You’ll receive a highly personalised programme which includes: videos, methods, customised nutritional advice and progress reports, for the entire duration of your chosen subscription plan. Complete your workouts and exercises on a day-by-day basis and track your progress, as you work your way through your personal lifestyle and fitness plan with Trilogy Health.
8. Products
1. Trilogy Health reserves the right to modify or change Product specifications as required in order to improve our Product range and availability. We recommend that you immediately inspect any Product upon delivery to you to ensure that you are completely satisfied with the Product.
2. Title and risk of tangible Products pass to you on receipt or delivery of the Product to the nominated address.
9. Payment And Currency Disclaimer
1. All transfers conducted through us are handled and transacted through the Google Play Store and the Apple App Store.
2. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third-party payment gateway.
3. All payment amounts are represented in GBP as this is the currency of our host country.
10. Payment Methods:
1. Payment accepted through the Google Play Store and the Apple App Store.
2. Subject to the terms and conditions of third parties.
3. In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Trilogy Health.
11. Privacy Policy
1. Under data protection legislation, we are required to provide you with certain information including who we are, we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
2. Our Privacy Policy is available on our App and forms part of these Terms and Conditions.
3. By accessing and using our App you acknowledge and agree to our Privacy Policy.
12. Disclaimers and Responsibilities to You
1. The Trilogy Health Nutrition Guide is not formulated to suit any nutrient deficiencies, allergies, or any other food related health problems. Please seek medical (e.g., doctor) advice prior to purchasing if you are unsure whether this Product is suitable for your dietary and health requirements.
2. The Trilogy Health Nutrition Guide is not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing use of the App.
3. Please contact your doctor or nutritionist prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
4. If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain, or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
5. The content of our App is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our App has been created for information purposes only.
6. You must be in good physical condition before using any of our Products whether tangible or intangible.
7. Before using our App you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
8. None of our employees hold medical or dietary qualifications and we are not a licenced medical care provider. We have no expertise in diagnosing, examining, or treating medical conditions of any kind.
9. We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone, or joint problems or if you are pregnant.
13. Indemnity
1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
2. You agree to indemnify us from any claim, liability or expense arising from the use of our App, excluding death or personal injury.
14. External Links:
1. This App (Trilogy Health) may contain links which are hosted by third parties not associated with Trilogy Health. The content displayed on those Sites are not under our control and we do not endorse or approve of these external websites or any services that are provided by those websites.
2. You agree to visit third party websites at your own risk and that you make your own independent judgement about whether to use such sites, including whether to buy any products or services from them.
15. Site Conditions of Use
1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the App or transfer any part of the App or any content contained on the App;
2. Do anything that may place an unreasonably or disproportionately large load on the App. You must not do anything that disrupts the functions or connected networks of the App;
3. Make any modifications to the App without proper authorisation in writing from Trilogy Health;
4. Test, scan or circumvent the security of the App;
5. Use the App or any content in any way which breaches the rights of Trilogy Health or any third party;
6. Use the account of another Customer or impersonate another Customer when using this Site;
7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the App for any reason; and
8. Use any method to autonomously create accounts by any means under fraudulent pretences.
16. Governing Law
1. These Conditions will be construed and will take effect according to the laws of the United Kingdom and the respective rights, liabilities and obligations of the parties will be governed by the law of the United Kingdom
2. The Customer and Trilogy Health team agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.
3. If you are entitled to any rights, remedies, or claims under the UK Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies, or claims that you may have under the UK Consumer Law.
17. Termination
1. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
2. Subject to these Conditions, you may cancel your subscription at any time via the Google Play Store and the Apple App Store. Please note that charges cannot be refunded for the duration of your chosen subscription. You will continue to have access to the App through till the end of your billing period.
3. Please note also, deleting the App without cancelling your subscription via the App Store or Google Play Store WILL NOT terminate payments, and they will continue to roll over.
4. If you purchased your App membership through Apple’s IAP (in app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date.
18. Changes to these Conditions
1. We reserve the right to modify these Conditions at any time to reflect changes in law or best practice or to deal with additional features which we introduce. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated .
2. [If you do not accept the notified changes, you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the App and the Service].
19. Severability
1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
2. The parties must attempt to renegotiate that part in good faith.
20. General
1. You agree that we will charge you for any Product ordered through your account.
2. You are liable and responsible for any person who uses your account to place Orders through the App.
3. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
4. Trilogy Health reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
5. You are responsible for any costs associated with accessing the App.