Onkohealth Limited, trading under the name Onko, is a company registered in England and Wales under number 11096924 (“Onkohealth”). Our registered office is Price Mann & Co, 447 Kenton Road, Harrow HA3 0XY.
These General Terms and Conditions (hereinafter referred to as “Terms”) together with the information you provide to us constitute the agreement (the “Agreement”) between you and us for the provision of clinical coaching to you.
These Terms represent a legally binding agreement between you and Onko regarding all services and products provided by Onko, including clinical coaching and use of the features and functionality of both the App and the website, together with all its content (hereinafter “Services”).
The purpose of the Services delivered by Onko is to provide you with support, information and advice to help you improve your health based on the latest scientific evidence.
Please note that you must read and agree to these Terms before you use the Onko service. If you do not agree to the Terms you may not use the Services.
1.0 CONTRACT INFORMATION
By using the Services you confirm that you are 18 years of age or more, that any registration information that you submit to Onko is true, accurate and complete.
Onko is not a medical organisation and the Services provided by Onko is not intended to diagnose, treat or otherwise address any medical problem. Any Services provided by Onko do not constitute medical advice, diagnosis or treatment.
Onko is a clinical health coaching programme designed to help you improve your health. If you choose to access the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.
2.0 DATA PROTECTION
If and when using your data, Onko will comply with the relevant data protection legislation applying in England and Wales
To access the Services you may be required to register personal and health information and establish unique username and passwords. You are responsible for maintaining the confidentiality of any passwords and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity.
Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorised disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorised use of your account.
4.0 NOTIFICATIONS IF THERE IS A CHANGE TO YOUR PERSONAL DATA
You are obliged to inform us if any of your personal data becomes inaccurate due to a change in your circumstances.
5.0 CHANGES AND ADDITIONS
6.0 ASSIGNMENT OF RIGHTS
Any claims arising from this Agreement with Onko shall be transferable only with the written consent of Onko.
7.0 APPLICABLE LAW / JURISDICTION
The contractual relationship between you (the user) and Onko is subject exclusively to the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8.0 GRANT OF RIGHT OF USE
The Services are only available to either individuals who have paid in advance or who have had the Services commissioned for them by a third party partner (e.g. a Private Insurance Company):
Onko provides services to and on behalf of the NHS in specific regions and select private healthcare providers and insurance companies.
If you have Private Health Insurance cover, the services of Onko will be invoiced directly to your health insurance company.
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 firstname.lastname@example.org
You can book self-pay services of Onko by contacting us directly or your treating
doctor or clinician can refer you to us.
The contract is concluded with the acceptance of your booking with our healthcare professionals. Onko can provide you with Services at any time with immediate effect.
Self-pay 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.
Self-pay Services prices
All prices are exempt from VAT as Onko provides healthcare services delivered by registered healthcare professionals. We reserve the right to change prices.
Self-pay Services payment terms
Onko’s services are invoiced monthly in advance. All invoices are payable, net without deduction, within 7 days. Onko can withhold or interrupt its services until payment is received.
Self-pay Services settlement of payments
9.0 TERM, TERMINATION AND CANCELLATIONS
The term of this contract is dependent on which programme you have selected or is commissioned in your area and is extendable at the absolute discretion of Onko.
This Agreement will become effective when you start using the Services and will remain effective until terminated by you or Onko in accordance with this Clause.
Onko’s right to terminate
Onko reserves the right to terminate this Agreement or suspend your Onko account with immediate effect at any time in the event of a breach by you of any Clauses of this Agreement.
If Onko terminates this Agreement, or suspends your account, Onko shall have no liability or responsibility to you whatsoever in respect of any further provision of Services and any monies paid by you to Onko shall not be refunded.
Your right to terminate
Under the Consumer Contracts (Information etc) Regulations 2013 you have the right to cancel the Contract within 14 days.
If paying for your own programme, within the first 14 days of your Onko start date, you may cancel your subscription to receive a full refund via email to email@example.com. Once you have submitted a cancellation request your account will be disabled and you will no longer be able to access the Onko programme or system.
In the event you cancel after 14 days, you will not be entitled to any refund of any monies paid before that date.
Agreed consultations must be cancelled at least 48 hours in advance to be eligible for a refund and notice to reschedule appointments must be received at least 24 hours in advance to avoid a cancellation charge, otherwise all appointments will be charged (note, health insurers do not cover this cancellation charge and therefore it will be charged to you, even if you have health insurance).
10.0 YOUR HEALTH AND ONKO
The Services 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 provided from the Services.
You are urged and advised to seek the advice of a doctor before beginning any health improvement program. If you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious about embarking on exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
Any changes you make following advice from an Onko healthcare professional are at your own risk. Onko assumes no responsibility either directly or indirectly for damage, health problems or inconvenience caused by the use or misuse of the information provided by the Services.
This programme is intended as a lifestyle change guide and is therefore not classified as a medical device, meaning the programme should not replace any existing recommendations that have been provided by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such this programme may not be suitable for every individual. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying / existing medical condition before starting on this programme.
A team of health care professionals have provided advice for information provided to service users contained within the Services. Care has been taken to confirm that the information presented by authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information of the Services, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
You are responsible for any consequences resulting from misstatements.
11.0 PROHIBITED USES
You agree that you will not use the Services to:
Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
Impersonate any person or entity, including, but not limited to, any user of the Services, employee, shareholder, agent or representative of Onko or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Onko, our affiliates or any other person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Services
Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose
Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the Systems are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this System
Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
Intentionally or unintentionally violate any applicable laws and/or regulations
“Stalk” or otherwise harass another user of the Services and/or any employee of Onko
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Services (including user names or passwords) or about any other third party, and/or:
– Access or attempt to access another user’s account without his or her consent.
– Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
-Reproduce, duplicate, copy or re-sell any part of the Services in contravention of the provisions of these Terms
-Resell access to the Services
-Frame the Services or any part of it
-Copy any material obtained from the Services to other websites or web services
– Access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services are stored; any software used in the provision of the Services; or any equipment or network or software owned or used by any third party
Published materials of Onko (including but not limited to questionnaires, guides, worksheets, software, website content and App content) are the property of Onko and are protected by Copyright. They may be passed on to third parties only with the written consent of Onko.
Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of this may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
13.0 INTELLECTUAL PROPERTY
14.0 NO WARRANTY
The use of the Services is at your own risk.
The services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Onko gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Services or to the accuracy of the information contained in any of the materials of the Services.
Onko shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use the Services.
There is no guarantee of availability of information on the App or website at any time, nor that it is up to date or error-free. Your statutory rights as a consumer, if any, are not affected hereby.
15.0 LIMITATION OF LIABILITY
To the fullest extent applicable permitted by the law of England and Wales, Onko its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and 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) arising out of the use of or inability to use the Services, even if you have advised Onko about the possibility of such loss, and including any damages resulting therefrom.
Commentary and other materials posted on the App or website by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Services, or by anyone who may be informed of any of its contents.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Onko (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Onko Service. Any claims arising out of or in connection with your use of the Services must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under the applicable law of England and Wales.
16.0 TECHNOLOGY LIMITATIONS AND MODIFICATIONS
Onko will make reasonable efforts to keep the Onko App and website operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions.
Onko reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Onko App or website with or without notice.
You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the affected functionality (or any part thereof) as soon as practicable. Following any disruption within Onko’s reasonable control we shall extend your access to the Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to the below address.
17.0 THIRD PARTIES
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Onko.
When you activate any of these Onko has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Onko. Onko does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold Onko and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the Terms of this Agreement or your violation of the Services (and all related materials) or any applicable laws, regulations or third party rights.
18.0 ASSIGNMENT BY ONKO
Onko may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
19.0 ENTIRE AGREEMENT
20.0 SEVERABILITY AND WAIVER
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.0 GOVERNING LAW AND DISPUTES
The Services are controlled by Onko from its offices in the United Kingdom. Access to, or use of, the Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Services. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the Services or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 14 (Intellectual Property), Clause 16 (Limitation), Clause 18 (Indemnity), Clause 20 (Entire Agreement), Clause 21 (Severability and waiver) and Clause 20 (Governing Law and Disputes).
You can contact us via the following details:
• Email: firstname.lastname@example.org
• Post: Onko, 19 Eastbourne Terrace, Paddington Station, London W2 6LG
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.
Effective Date: This document is effective as of February 2021