Terms and conditions
These terms and conditions (“Terms”) apply to your use of Gloji, a weight management web-based application accessed via [link] (the “App”).
The App is made available by Thrive Tribe Limited, with its registered address at Kesslers Building, 1st Floor Office, 11 Rick Roberts Way, Stratford, Greater London, United Kingdom, E15 2NF under registered company number 06763541.
These Terms cover your use of all services provided by the App including its launching portal www.gloji.co.uk (the “Website”), www.app.gloji.co.uk (the “App”), www.gym.gloji.co.uk (the “Gym”) and any telephone support which may be provided as part of your program (the “Services”).
The terms “Thrive Tribe”, “we”, “us”, “our” and “ours” when used in these Terms relate to Thrive Tribe. The terms “you”, “your” and “yours” when used in these Terms mean any user of the online services.
The App is only available to individuals referred to Gloji by our partner services via the Website. Upon referral, you can register for an account on the App by inputting the initial data set referred to in Term 2 below and confirming your commitment to subscribe to the App unless and until your use of the App expires or is terminated by you or Thrive Tribe in accordance with these Terms. We reserve the right not to accept a referral and all referrals must be in line with any service level agreements in place with the relevant partner service.
Subscription to the App entitles you to access restricted areas of the Website which are security protected. You are not permitted to share log-on, password or other security information or allow third parties access to these restricted areas.
You may terminate your use of the App by giving us [14 days] notice in writing to firstname.lastname@example.org, ending no earlier than the last day of the third month of your initial licence term.
2. Information and Personal Data
At the point of referral, we request an initial data set to be inputted upon accessing the Website, including first and second name, telephone number and occasionally any healthcare issues that may have an adverse impact on your ability to partake in the Services. On your registration to the App, additional details such as your gender, BMI, height, weight, your current state of health, any medical conditions you have and any medication you are taking may be required. It is your responsibility to keep the information supplied up to date and valid.
It is your responsibility to ensure that the data which you input into the Website and the App is as accurate as possible. We cannot be responsible for errors, inaccuracies or failures arising from inaccuracies in your data.
3. Your use of the App
We hereby grant you a personal, non-exclusive, non-transferable, limited, right to access the App for your own limited, personal and lawful use, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited licence basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
Disclaimer: The App is intended to offer guidance and support through the provision of programmed content aimed towards weight loss.
The App should not be used as a substitute for any formal diagnosis or where an original diagnosis has been superseded. It should be used in conjunction with your own medical advice and never used contrary to any medical indications. If you are in any doubt or have any health concerns, the advice of a medical professional should be sought before using or continuing to use this App and the content provided therein. If you engage in the Services provided you agree that you are doing so voluntarily and entirely at your own risk.
If in any doubt at all, you should take medical advice from your doctor or health practitioner. Anyone who experiences any medical problems must obtain their doctor’s permission prior to registering to the App. Our partner entities may consider some medical conditions may make you ineligible to participate in the programme and decline to recommend you on this basis.
If there is any cause for concern with us providing the Services we reserve the right to:
- ask you to confirm in writing that the information you provide remains accurate and that nothing of significance has changed in your medical condition, eligibility or lifestyle which will affect any Services we will provide; or
- ask you provide a letter from a medical doctor indicating you can undertake fitness and sports exercise and or make significant dietary changes; or
- not provide any Services until you have gone through a health check.
The App is intended for adult individuals referred to us as part of a structured programme. The programme is unsuitable to those who are pregnant or breastfeeding, has severe mental health issues, suffers from eating disorders, has a BMI lower than specified from time to time or otherwise fall within any of our specified exclusion criteria and such individuals will not be able to register for the App or the Services may be withdrawn as set out above.
If accessing our telephone or videoconferencing services or raising online queries, we expect you to behave appropriately, respectfully and politely at all times and in line with our Acceptable Use Policy.
You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Thrive Tribe’s prior written permission.
If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms.
Please note that use of the App and is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice as published on our website from time to time. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
The App and all content, functionality and features within it (the “Materials” ) are provided “as is” and without warranties or representations of any kind either expressed or implied save as expressly set out in these terms.
We are not liable for any data or other charges incurred as a result of your use of the App.
Thrive Tribe warrants that the App has been created with reasonable care and skill by personnel having relevant skills in the field of weight loss, included but not limited to nutrition and exercise. We advise that our staff, agents and subcontractors are not necessarily medically qualified so if you have any doubts about your fitness or capability to participate in the Services offered on the App, we strongly recommend that you get advice from a medical professional in the first instance.
Save as expressly set out above, to the greatest extent permitted by law, Thrive Tribe disclaims all warranties of satisfactory quality and fitness for a particular purpose and that the content and information displayed in or on the App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Thrive Tribe does not warrant that the functions contained in the App will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4. Limitation of liability
4.1 Nothing in these terms and conditions is intended to exclude or limit the liability of Thrive Tribe or any persons for whom we are legally responsible in respect of death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which may not be excluded or limited by law.
4.2 You acknowledge that the App and any services offered by us under the associated programme are intended to provide support and guidance in relation to weight-loss and assisting you to attain your weight-loss objectives and that we have relied on your provisions of information to us and on the judgment of the partner referring you to us. Accordingly we make no representation or warranty as to the suitability of the programme to your individual circumstances or as to any outcomes of compliance with the programme.
4.3 Thrive Tribe, nor its directors, employees, partners, agents, suppliers, or affiliates, will be liable for any damages (direct or consequential), or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise, or for loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App.
4.4 We acknowledge that in respect of any losses proven to have been suffered by you as a result of breach by us or persons for whom we are legally responsible of your personal data including breach of clause 8 below the cap set out in clause 4.5 below will be [£1 million.]
4.5 Save as stated above, and on the basis that the App is free at the point of use for you, any liability of Thrive Tribe to any user of the App arising whether as a result of its breach of these terms, negligence, breach of statutory duty or under any other legal theory whatsoever shall be capped at [£300.]
5. Intellectual property
All intellectual property rights of whatever type and wherever in the world located in the App and the Site and all original content, features and functionality supplied to you in the course of your used of the App are owned by Thrive Tribe or their licensees. Your right to use the same is strictly in accordance with these terms and conditions.
In particular, unless expressly permitted in law, you are not permitted to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the App.
6. Links to other sites
Our Site may contain links to third-party sites that are not owned or controlled by us.
7. Removal from the App
We reserve the right to remove a participant from any of our programmes at any point and refuse them re-entry. Thrive Tribe does not have to provide an explanation as to why someone has been removed, although we will often seek to do so. You are advised that repeated failure to engage with our one-on-one telephone sessions without adequate notice is likely to lead to termination of your participation.
8. Privacy & GDPR
We will in processing your data input through the App comply with all Data Protection Legislation. “Data Protection Legislation” means all privacy laws applicable to the data which is processed under or in connection with these Terms, including the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), the Data Protection Act, 2018, all regulations made pursuant to and in relation to such legislation and including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (or equivalent local regulations) together with all codes of practice and other guidance on the foregoing issued by any relevant Data Protection Authority, all as amended from time to time.
Unless otherwise expressly stated in these Rules, all notices from you to us must be in writing and sent to our contact address at email@example.com and all notices from us to you will be displayed on our website from to time.
10. Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
11. Health Commitment Statement
We have carefully considered what we can reasonably expect of each other in this Commitment Statement. Our aim is to help you to feel better and improve your physical health and general wellbeing, and we try to make this as enjoyable as possible through participation in our programme. We know that everyone has different aims, levels of skill, tolerance and fitness.
- Your health is always your responsibility. It is therefore your responsibility to ensure that there are no medical reasons why you should not embark upon a physical activity or health improvement programme. If in any doubt at all, you should take medical advice from your doctor or health practitioner.
- Anyone who has any medical problems must obtain their doctor’s permission to embark upon a physical activity or health improvement programme with Gloji. Anyone who has diabetes should inform us and always follow the advice given by their diabetes care team.
- If you have or if you are concerned that you may have an eating disorder it is important to consult your doctor for advice.
- If you have had weight loss surgery then you must have approval from your doctor or health practitioner that it is appropriate for you to join Gloji’s weight loss or move more programmes.
- It is required that each member takes responsibility for themselves when doing any exercise which has been advised by Gloji or their representative, either at or outside the group. If at any time while exercising a member feels any ill effects then they must stop doing the exercise and we advise they check this out with their doctor.
- For those participating in our weight loss programme, you must truthfully and accurately record the food and drink you consume during the programme and make this record available to us if requested by your Health Mentor.
- For those participating in our smoke free programme, you must truthfully and accurately record if you have smoked since programme commencement and make a record of this available to us if requested by your health mentor.
Gloji’s commitment to you
- We will support you in your efforts to improve your health and wellbeing.
- We will adhere to your own decisions about your exercise levels. We ask that you do not exceed your personal exercise levels or go beyond your own abilities.
- We will make every reasonable effort to ensure our programme provides you with the best possible opportunity to make long term sustainable changes to your lifestyle.
- We will make sure that staff delivering our services are trained to a necessary standard.
- If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our services, we will consider what adjustments, if any, are reasonable for us to make.
- If you tell us that English is not your first language, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to Gloji
- If accessing our telephone services or attending sessions, we expect you to behave appropriately, respectfully and politely at all times. We can prevent you from attending a session or ask you to leave if we think that your behaviour or your appearance is not suitable.
- By signing up to and engaging with its services, you acknowledge that while we at Gloji will provide the service, without your engagement in the journey, you will not benefit from its features. We simply ask you make a commitment to yourself to show up and engage.
- You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your participating safely. If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.
- You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.
- If you know or are concerned about a medical condition which might affect your ability to undertake The Gloji programme you must get advice from your GP and follow that advice.
You can contact us via email at firstname.lastname@example.org.
13. The Communications Service
The core element of the Communications Service is the provision by us of phone calls by advisors appointed to advise you on a one-to-one basis throughout the duration of the programme (usually 12 weeks.) These calls are recorded for us for quality control and training purposes and to ensure compliance with the Acceptable Use Policy. Abuse or harassment of our advisors will not be tolerated and we will terminate the service in the event of such behaviour.
We allow users to post content to certain parts of the Communications Service, specifically a closed Facebook group run by us. This is purely voluntary and is not necessary for your use of the App. Any posts or audio-visual content (“Content”) uploaded by users to the Communication Service must comply with this Acceptable Use Policy as set out below as well as with Facebook’s own abuse and content policies. You are expressly advised to note the Facebook terms and conditions including those with respect to intellectual property, confidentiality, privacy and acceptable use when participating in the Facebook group.
ACCEPTABLE USE POLICY
The core purpose of the App is to offer advice and support for sustainable weight loss management offered in accordance with best medical and dietary practice. In addition to the specific areas of unacceptable Content described below, anything communicated by you through the Communications Service must be in accordance with that overall objective and we reserve all our rights (including the right to terminate your use of the App) in the event that Content communicated by you promotes disordered eating or unsustainable nutritional practices or promote, link to or advocate unapproved weight loss aids or supplements or seek to undermine any other user of the Communications Service in respect of their weight loss journey.
In addition to the above, you confirm that all Content posted by you on the Facebook Group:
- is your own original work
- has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this;
- you waive all moral rights you may have in such Content:
- it does not contain any pornographic material, any material which might bring us into disrepute or which promotes violence, or any activity that is illegal
- does not invade a third party’s privacy
- does not include spam, junk mail, chain letters, material regarding any pyramid promotional schemes, or any similar material.
You agree in using the Communications Service including posting on the Facebook Group
- to be relevant
- to be respectful to other users and to our personnel
- not to act in a harassing, threatening or discriminatory manner
- not to deliberately post hostile messages (also known as ‘flaming’ or ‘bashing’)
- not to befriend any another users in an abusive or exploitative manner (also known as ‘grooming’.)
We do not pre-moderate the Facebook Group but we do operate a notice and take down process for resolving conflict between users and removing Content which breaches the Acceptable Use Policy and our moderation policy as set out in the Facebook Group guidelines. We reserve the right to remove Content which in our opinion breaches the Acceptable Use Policy and take such other steps (including in appropriate cases notifying relevant law enforcement or regulatory bodies) as in our sole judgment we think appropriate.
The Facebook Group is not a secure means of communication and any information that you supply to us will not be kept confidential. Therefore you should not post any Content which you regard as being confidential, commercially sensitive or valuable (Unwanted Content.)