Benenden Health App Terms and Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS (“Terms of Use”) BEFORE YOU USE OUR APP. IF YOU DO NOT WISH TO BE BOUND BY THEM, YOU SHOULD NOT DOWNLOAD THE APP/DELETE THE APP FROM YOUR DEVICE AND NOT USE THE APP IN ANY WAY.

If you do not understand any of these Terms of Use and want to talk to us about it, please contact us by email at memberservices@benenden.co.uk, to which we will respond as soon as possible, or by telephone on 0800 414 8100.

Who we are and what this agreement does

We are The Benenden Healthcare Society Limited (registered under the Friendly Societies Act 1992, registered number 480F) and Benenden Wellbeing Limited (registered in England and Wales (Company No 8271017)) both with registered office at Holgate Park Drive, York, YO26 4GG. We make available the mobile application called the Benenden Health App (“the App”) for download from the Apple App Store or the Google Play Store.

The Benenden Healthcare Society Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, (Financial Services Register number 205351). Benenden Wellbeing Limited’s provision of the Benenden Healthcare Lite product is not regulated by the Financial Conduct Authority, however, some other services provided by and activities of Benenden Wellbeing Limited are regulated and Benenden Wellbeing Limited is authorised and regulated by the Financial Conduct Authority for these purposes (Financial Services Register number 593286).

As The Benenden Healthcare Society Limited we offer a range of discretionary health and well-being services (“Member Benefits”) to our members together with treatment for tuberculosis on an insured basis (“Benenden Health Members”). The Member Benefits you can access through the App are available to our members and are set out in the booklet entitled Your Guide to Benenden Healthcare (“the Guide”) which you received on becoming a member.

As Benenden Wellbeing Limited we offer specific health and well-being services (“Benenden Healthcare Lite Services”) to any employees who are part of (and where relevant other persons who meet the corporate customer’s eligibility requirements and are part of) a corporate scheme with our corporate customer (“Benenden Healthcare Lite User”). The Benenden Healthcare Lite Services you can access through the App are set out in the booklet entitled Benenden Healthcare Lite Services Handbook (“Benenden Healthcare Lite Handbook”) which you received on becoming a Benenden Healthcare Lite User.

Benenden Healthcare Lite is not regulated by the Financial Conduct Authority, however, some other products provided by Benenden Wellbeing Limited are regulated and Benenden Wellbeing Limited is authorised and regulated by the Financial Conduct Authority. Firm Reference Number 593286. You can check this on the Financial Services Register.

You are a Benenden Healthcare Member or Benenden Healthcare Lite User or other person entitled or authorised by Us to use the App. These are the terms of license that apply to the use of the App.

Your privacy

Use of your personal information submitted to or via the App is governed by our Privacy Policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or using the App to access any Member Benefit may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Member Benefits — for Benenden Health Members

The App allows you to access your My Benenden account online (via a link) via which you can access rewards, virtual live classes and manage your account.

The following are Member Benefits (use of which are set out in the Guide) which are or will/may become available to access by use of the App:

24/7 GP Helpline.
24/7 Mental Health Helpline and Mental Health Support.
Care Planning and Social Care Advice.
Physiotherapy.
Medical Diagnostics and Medical Treatment.
Cancer Support.
Wellbeing Hub.

Benenden Healthcare Lite Services — for Benenden Healthcare Lite Users

The following are Benenden Healthcare Lite Services (use of which are set out in the Benenden Healthcare Lite Handbook) which are or will/may become available to access by use of the App:

GP Consultation Service.
Emotional Wellbeing Helpline.
PhysioWizard.®
Wellbeing Hub.

Apple App Store or the Google Play Store terms also apply

The ways in which you can use the App may also be controlled by the Apple App Store or the Google Play Store's rules and policies.

Operating system requirements

This App requires an iPhone, iOS version 11 or higher, or Android phone, version 6 (Marshmallow) or higher.

Support for the App and how to tell us about problems

If you want to learn more about the App or using the App to access any Member Benefits or Benenden Healthcare Lite Services or have any problems using them, please take a look at our frequently asked questions.

Contacting us (including with complaints) - If you think the App or access to the Member Benefits or Benenden Healthcare Lite Services are faulty or misdescribed or wish to contact us for any other reason:

If you are a Benenden Health Member please email our service team at memberservices@benenden.co.uk or call them on 0800 414 8100;
If you are a Benenden Healthcare Lite User please email our service team at healthcarelitesupport@benenden.co.uk or call them on 0800 414 8120 and select option 3.

How we will communicate with you - If we have to contact you, we will do so by email, by telephone or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may, on condition that you are a valid Benenden Health Member or Benenden Healthcare Lite User:

download or stream a copy of the App and view, use and display the App and access the Member Benefits or Benenden Healthcare Lite Services on such devices for your personal purposes only. In addition:

- If you are a Benenden Health Member you may use the App to access to Member Benefits in accordance with the rules set out in the Guide; and;

- If you are a Benenden Healthcare Lite User you may use the App to access Benenden Healthcare Lite Services in accordance with the Benenden Healthcare Lite Handbook.
Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

Age requirement to accept these terms and use the App

You must be :

16 or over to accept these Terms of Use and use the App to access the Member Benefits, and;
16 or over to accept these Terms of Use and use the App to access Benenden Healthcare Lite Services with exception of the PhysioWizard® service which you must be 18 or over to use.

You may not transfer the App to someone else

We are giving you personally the right to use the App and use the App to access the Member Benefits as or Benenden Healthcare Lite Services (as the case may be) set out above (How you may use this App). Whilst you may have sharing rights as set out above, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these Terms of Use

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We may change these Terms of Use at any time by sending you a message with details of the change or notifying you of a change when you next start or log into the App. Any new terms may be displayed on-screen, and you may be required to read and accept them to continue your use of the App and/or use the App to access the Member Benefits or Benenden Healthcare Lite Services (as the case may be). You will be told at that point from which date they become effective, so that you have an opportunity to cease using the App, should you find them unacceptable.

Update to the App

From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the App

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first downloaded or streamed it, unless we notify you otherwise.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and services.

We are not responsible for other websites you link to

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

except in the course of permitted sharing (see section above on How you may use this App) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms of Use;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

- is not used to create any software that is substantially similar in its expression to the App; and

- is kept secure; and

- is used only for the Permitted Objective; and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

You must:

not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms of Use);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.

Intellectual property rights

All intellectual property rights in the App throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these Terms of Use.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We may end your rights to use the App if you break these Terms of Use

We may end your rights to use the App and at any time by contacting you if you have broken these Terms of Use in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

You must stop all activities authorised by these Terms of Use, including your use of the App.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may not transfer your rights or your obligations under these Terms of Use to another person.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These Terms of Use are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the App, please contact us as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information if required by law about any alternative dispute resolution provider.