Terms of Use

These terms of use (‘Terms of Use’) were last updated on 22nd May 2017.

These Terms of Use should be read in conjunction with the Proactive Health Gateway (‘the Gateway’) Privacy Policy and Cookie Policy, which can also be accessed on the bottom of every webpage incorporated into the Gateway service.

Introduction

These Terms of Use tell you the terms on which you may make use of the Gateway, the online health data integration service provided by AXA PPP healthcare Group PLC as a personal user including (but not limited to) your access to and use of the Gateway’s reward system ‘Proactive Points’.

Please read these Terms of Use carefully before each use of the Gateway. By using the Gateway, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, you should not use the Gateway. If you are unclear about its contents please contact us – details can be found in the ‘Contact us’ section on page 9 below.

AXA PPP healthcare reserves the right at its discretion to amend, update, modify or replace these Terms of Use at any time without notice. Any such amendment, update, modification or replacement shall be effective once the revised Terms of Use have been posted on the Gateway. You are responsible for checking the Terms of Use each time you use the Gateway and your use of the Gateway indicates your acceptance of the Terms of Use applicable at the time you access the Gateway.

References in this Terms of Use to ‘we’ or ‘us’ refer to AXA PPP healthcare and references to ‘you’ and ‘users’ refer to any users of the Gateway.

The Gateway is provided on a personal, non-exclusive, non-transferable basis. It is not for use by any other third party or commercial organisation.

Regulatory Information

AXA PPP healthcare is a trading name of AXA ICAS Limited.

Registered office:
5 Old Broad Street
London, EC2N 1DW
United Kingdom

Registered VAT number: GB 243 6741 60
Registered in England Number 2548573

Information supplied by you

You are responsible for the information you provide to us. Information you give must be accurate and complete to the best of your knowledge.

If the information provided to us is not up to date, or otherwise incorrect or incomplete, we accept no responsibility for any information given by us in response or transactions that follow from the use of the information provided by you and hereby disclaim all liability for any loss and damage howsoever arising. For further details on the liability of AXA PPP healthcare please read the ‘Our Liability’ section below.

Comments on the Discussion

Comments on any discussion board are not private. You grant AXA PPP healthcare and its designees a perpetual royalty-free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Gateway via such comments in any medium now in existence or hereafter developed, for any purpose, including commercial uses. AXA PPP healthcare will not return it if submitted, and accepts no liability whatsoever for safe custody thereof.

Other information

All other information and material you supply or communicate to the Gateway is governed by the Privacy Policy. Please also refer to the ‘User generated content and comment sections’ below.

Changes to the Gateway

We may update the Gateway from time-to-time, and may change the content at any time. We may change the format and content of the Gateway at our sole discretion from time-to-time.

Information from third parties

The Gateway may contain information provided by third parties. It is the responsibility of these respective third parties to ensure this information is reliable and accurate and we accept no liability for such information save as set out in the ‘Our liability’ section below. You are advised to verify the accuracy of any information before relying on it.

Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur at any time. Accordingly, the Gateway is provided ‘as is’ without any warranties or representation of any kind and AXA PPP healthcare does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

Third Party Software

You are solely responsible for any third party software that you install or connect with the Gateway. You may only install or use third party software with the Gateway that does not subject our intellectual property or technology to any terms governing such software.

We are not party to and are not bound by any terms governing your use of any third party software.

Our liability

Personal health

The Gateway and available third party applications and tools (including but not limited to the Skin Vision app and the health age calculator / health risk assessment tool supplied by Expert24) refer to health and wellbeing topics; HOWEVER THESE TOOLS ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. PLEASE CONSULT WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER AS TO WHETHER THE INFORMATION PROVIDED ON OR VIA THE GATEWAY CAN BENEFIT YOU AND DO NOT IGNORE PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE HEALTH GATEWAY.

You understand and agree that neither AXA PPP healthcare nor its affiliates nor any participant in the Gateway provides professional medical advice of any kind via the Gateway and that use of such advice or any other information is solely at your own risk and without our liability of any kind to the extent permitted by law. If you think you may have a medical emergency, call your doctor immediately or dial 999.

Other losses

The material displayed on the Gateway is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of the AXA Group and third parties connected to us hereby expressly exclude:

  • to the extent permitted by law, conditions, warranties and other terms which might otherwise be implied by these Terms of use, statute, common law or the law of equity;
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Gateway or in connection with the use, inability to use, or results of the use of the Gateway, any websites linked to it and any materials posted on it, including but not limited to loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

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.

You acknowledge that any breach of these Terms of Use may cause AXA PPP healthcare damage or loss and agree to indemnify and hold harmless AXA PPP healthcare in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by AXA PPP healthcare as a result of publishing any material you submit to us, including consequential loss.

You agree to indemnify AXA PPP healthcare against all legal fees, damages and other expenses that may be incurred as a result of your breach of the above provisions.

Third party websites and applications

You acknowledge that AXA PPP healthcare has not reviewed and does not endorse the content of websites or applications linked to/from the Gateway.

AXA PPP healthcare has no control over the content or actions of any websites or applications linked to and from the Gateway and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Use of links to any other service, application or website from the Gateway is at your sole risk

Third party applications and your data

When you enable third party applications to be connected with the Gateway, you acknowledge that your personal health and fitness data shall be shared with us. We shall not be responsible for any disclosure, modification or deletion of your data resulting from any such connection with third party applications.

Please refer to our Privacy Policy and Cookie Policy for further information.

Viruses, technical defects and problems

We cannot warrant that the Gateway is free of viruses or technical defects of any description, and we accept no responsibility for any technical problems arising from your use of the Gateway. 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 programmes, data or other proprietary material due to your use of the Gateway or to your downloading of any material posted on it, or on any website or application linked to it.

It is recommended that you arrange to backup data regularly and seek specialist advice about the use and security of computer equipment, downloads and the avoidance of viruses.

Acceptable use of the Gateway

Your use of the Gateway is subject to the following terms listed in this section. If we find any evidence that a user has breached any of the following terms, we reserve the right to terminate your usage of the Gateway immediately.

1. Age

When creating a Gateway profile, users must enter their real birth dates. Users need to be at least 16 years old to use the Gateway.

2. Impersonation

We don’t allow impersonation of others or other behaviour that is misleading or intended to be misleading.

3. General prohibited uses

You may use the Gateway only for lawful purposes.

You may not use the Gateway:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or
  • has any unlawful or fraudulent purpose or effect;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;and/or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Gateway in contravention of the provisions of these Terms of Use;
  • not to access without authority, interfere with, damage or disrupt:
  • any part of the Gateway;
  • any equipment or network on which the Gateway is stored;
  • any software used in the provision of the Gateway; or
  • any equipment or network or software owned or used by any third party.
  • not to reverse engineer, disassemble, de-compile, modify, translate, use for competitive analysis or create or derive works from the Gateway, or any source code or object code attached to it.

4. Viruses, hacking and other offences

You must not misuse the Gateway by knowingly introducing viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the Gateway, the server on which the Gateway is stored or any server, computer or database connected to the Gateway. You must not attack the Gateway via a denial-of-service or a distributed denial-of service attack.

By breaching this provision, 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.

Supported browsers

The Gateway is designed to work with current versions of the most popular web browsers.

The Gateway may not display properly if you are using an old version of an internet browser. In addition we have designed the Gateway to work best with Javascript enabled. If you choose not to turn on Javascript in your browser, you may find reduced access to some of the Gateway features.

Copyright and Intellectual Property

The AXA PPP healthcare logo is a registered trademark of AXA S. A. which claims trademark rights in the logo.

All copyright and other intellectual property rights in any material (including text, photographs and other images and sound) contained in the Gateway is either owned by us or has been licensed to us by the rights owner(s) for use on the website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may retrieve and display content from the website on a computer screen, mobile device, smartphone or tablet and print individual pages on paper and store such pages in electronic form on disk for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance or otherwise, of material obtained through the Gateway.

You must not modify the paper or make digital copies of any materials you have printed off or downloaded in any way, and you must not use any forecasts, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Gateway must always be acknowledged.

AXA PPP healthcare respects the intellectual property of others, and we require our users to do the same. AXA PPP healthcare may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the intellectual property rights of others.

If you believe that your work has been copied and is accessible on any AXA PPP healthcare website in a way that constitutes copyright infringement, or that the Gateway contains links or other references to another online location that contains material or activity that infringes your copyright, please contact AXA PPP healthcare immediately – details can be found in the ‘Contact us’ section below.

You grant AXA PPP healthcare a non-exclusive, perpetual, royalty-free licence to republish any material you submit in any format, and you warrant to AXA PPP healthcare that any material you submit is your own work and that you own the copyright and all relevant rights.

You are responsible for ensuring that any material you submit to the Gateway, including not limited to text, photographs and sound, does not violate the copyright, trade mark, trade secret or any other personal or propriety rights of any third party, wherever in the world enforceable.

Surveys and contests

From time to time the Gateway may request information from users via surveys, contests or for a particular service (e.g. newsletter).

Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information. We will use the contact information to notify winners. We will not publish winners’ details on the Gateway though on request we will provide details of any winner’s name and location.

User generated content and comment sections

You are responsible for the content of your submissions and AXA PPP healthcare does not accept any liability for the content or accuracy of your messages or any liability in respect of any material submitted by users and published by AXA PPP healthcare.

You must not submit material that might reasonably be considered likely to upset other users, including (but not limited to) the following: libellous or defamatory comments; anything which discriminates against race, sex, religion, nationality, disability, age or sexual orientation; personal insults about another user; content containing profanities; or harassing, obscene, indecent or offensive language.

You must not submit a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

You must not submit anything related to any ongoing or pending criminal trial anywhere in the world, or advocate, promote or incite any third party to commit, or assist any unlawful or criminal act.

You must not submit content which you have copied from someone else.

You must not submit the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.

You must not advertise, solicit, or promote or place any junkmail on the Gateway.

You must not impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person.

You must not place anything on the Gateway that may constitute a criminal offence or give rise to civil liability or that otherwise violates any national or international law or regulation anywhere in the world. You may only use the Gateway for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You acknowledge that AXA PPP healthcare has no obligation to respond to your questions or comments.

AXA PPP healthcare does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements submitted by users in the comment sections or elsewhere in the Gateway. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of AXA PPP healthcare.

Materials provided by others

You agree that AXA PPP healthcare is not responsible, and shall have no liability to you, with respect to any information or materials submitted by others, including without limitation defamatory, offensive or illicit material.

Editing and deletions

Publication of any material you submit will be at the sole discretion of AXA PPP healthcare and AXA PPP healthcare is entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.

AXA PPP healthcare reserves the right, but undertakes no duty, to review, edit, move or delete any material submitted by users in the comments or elsewhere on the Gateway, in its sole discretion and without notice.

Termination

Notwithstanding any of the above, AXA PPP healthcare has the right to terminate your ability to access the Gateway, for any reason, without notice.

AXA PPP healthcare also reserves the right to remove or disable access to the Gateway, or close it indefinitely, at any time.

Proactive Points

Proactive Points are earned through your engaging in positive health and lifestyle behaviours and logging and tracking these on the tools available as part of the Gateway.

Further details of how Proactive Points work and how points can be accrued are available in this [FAQs document / appropriate summary document, including current points levels, details of any applicable caps, the current rewards and their limitations, tbc–insert link]. Please note that we reserve the right to change:

  • 1. the availability of the Proactive Points reward system, which may be removed at any time;
  • 2. the number of Proactive Points awarded for an activity or any cap on the number of times a certain behaviour can trigger points;
  • 3. the threshold number of Proactive Points required to unlock a medal;
  • 4. the types of activity that generate Proactive Points;
  • 5. the benefits available to users acquiring a Proactive Points medal, including the level of any discount available, the duration of any offer or discount, or removing all available benefits;
  • 6. the length of time during which any Proactive Points earned are valid;
  • 7. the maximum order limit applicable to the use of any Proactive Point medal discount code;
  • 8. the maximum number of uses for any Proactive Point medal discount code.

Where you unlock a Proactive Points medal and a discount code is made available to use on a website (other than the Gateway), including but not limited to www.myactiveplus.com, we do not accept any liability for any products that you may purchase on any other website using your Proactive Points medal discount code nor do we accept any other liability in connection with your use of the Proactive Points medal discount code.

Any discount codes provided by us for Proactive Points users are for personal use only (users must be registered with the relevant website using the same email address as used in connection with the Gateway) and may not be shared by the user in any way. If we become aware or suspicious that any discount codes provided by us have been shared we will immediately invalidate your code and may, at our discretion, remove your access to the Gateway.

Any discount codes provided by us for Proactive Points users may not be used in conjunction with any other offer, promotion or discount and are subject to:

  • 1. a maximum number of uses per code;
  • 2. a limited period of validity of 12 months or less ; and/or
  • 3. a maximum order value,

each as communicated by us to you from time to time.

Not all Proactive Points medal awards will be applicable for all medal winners, including but not limited to that any discount codes provided by us for use on www.myactiveplus.com are for use by UK residents only.

We reserve the right to remove your access to Proactive Points and/or any connected reward, including discount code, at any time where we become aware or suspicious of any breach of these terms of use.

Although we are offering Proactive Points for engaging in certain behaviours we are not making individual recommendations or giving you advice. We are not liable for any losses you may suffer as a consequence or in connection with your engaging in the Proactive Points system (please refer to the Our Liability section above for further details). You are responsible for ensuring that each behaviour is appropriate for you and you should seek professional advice before making changes to your health and lifestyle behaviours.

Choice of law and jurisdiction

The Terms of Use, Privacy Policy and Cookie Policy, for all purposes, shall be governed by and construed in accordance with the laws of England and Wales. You also agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Contact us

You can contact us by completing this online form