Date 23 March 2024
1. About Us
1.1 Modern Body Ltd ("us, we") is a tech enabled virtual lifestyle clinic. We aim to empower you with the knowledge and tools needed to make informed decisions about your health and wellness journey. Our goal is not to replace medical advice from your healthcare providers but to complement it by providing personalised nutrition and lifestyle plans and holistic health support based on online health assessments and tracking (hereinafter referred to as "Services"). While our website, images, content, and communications cover various health and wellness topics, we do not guarantee the accuracy, timeliness, or error-free nature of our resources. It's important to remember that the advice and information we provide may not be suitable for everyone or address specific health conditions you might be facing. Our Services are designed to offer guidance and support in your pursuit of a healthier lifestyle, not to diagnose or treat medical conditions.
1.2 We take no responsibility for the outcomes of any actions taken based on the information provided through our services. Engaging with our services is entirely at your discretion and risk. Our services aim to assist users in understanding their health better and achieving related goals, such as improving fitness, dietary habits, mental wellness, and overall quality of life. By tracking personal health data (as outlined in our Privacy Policy), users can receive a more tailored experience. By analysing your data, we can offer customised recommendations and insights, helping you make lifestyle adjustments that could lead to improved health and wellbeing. However, it's crucial to understand that our services are educational and do not guarantee the achievement of specific health outcomes.
1.3 The information, products and Services provided through the site, platform, the services are for general guidance only and are not a substitute for professional medical or clinical advice from a doctor or other medical professional (including clinical psychotherapy services or psychiatry services) and you should always seek the advice of your physician or other licensed healthcare professional with any questions you may have regarding any test information or status of your health. We do not make decisions for you but provide guidance with information and practical tips. You are responsible for all the decisions you make regarding your health. You decide fully about your actions and your success depends on your attitude and effort.
1.4 We convey general info related to medical conditions, research, testing, research and treatment and other health care topics. The information available on the Platform and any social media is informational purposes only and should not be relied on or be substituted for qualified medical advice or discussion with a qualified health professional.
2. These Terms
2.1 These Terms of Service and Use ("Terms") govern your use of and access to our website available at www.modern-body.co.uk, and any other products, content or access to Services provided by us (together, the “Platform”). By using or accessing the Platform, you are agreeing to these Terms.
2.2 The Platform is not intended for medical emergencies or urgent situations. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 999 or your doctor immediately.
2.3 These Terms are subject to change by us at any time in our sole discretion. Please consult these Terms regularly. If you do not agree to all of these Terms, please do not use the Platform. These Terms apply to the use of the Platform and any account provided therewith.
2.4 By using our Services, you agree that you are a private individual at least 18 years old, or, if higher, the age of majority in the country in which you reside or from which you are accessing the Platform. If you are under 18 years old, you must not use the Platform or our Services.
3. Privacy Policy
3.1 Your privacy is important to us. Please review our Privacy Policy at www.modern-body.co.uk/privacy, which describes our collection, storage, use, disclosure, and transfer of information about users of the Platform. The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms.
3.2 We will share, disclose, or otherwise make available to any third-party (other than set out in these Terms) and content you create on our Platform or by using our Services (all of which is in line with our Privacy Policy) except as reasonably necessary to provide lifestyle advice, i.e. our Services to you.
3.3 By providing us with your contact information and using the Platform, you agree to receive communications, including via e-mail, text messages, and phone calls from or on behalf of Modern Age at the e-mail address or telephone number (including mobile number) you provided. Please read our Privacy Policy, as applicable, to learn more about our communications practices and your rights related to restricted communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that those communications be in writing.
3.4 By using and registering on our Platform, you agree to allow use of your data, always in an anonymised manner to improve our Services and for research purposes.
4. Practitioners
4.1 In order to provide you with the Services, we connect you with Practitioners (which in these Terms means any person that is duly certified by a Certification Body or otherwise appropriately qualified to provide clinical and/or other similar health-related services and such person carries relevant liability insurance whether individually or through us). For the purposes of these Terms, Certification Body means, where applicable, the relevant professional body keeping a register of health professionals who meet the standards for their training, professional skills, qualifications and behaviour. The Practitioners shall include, but not be limited to, medical doctors, nutritionists, therapists, and health and movement coaches.
4.2 All Practitioners are independent consultants to us, and NOT employees of us.
4.3 We also require all Practitioners to contractually agree not to provide consultation Services where you present a condition or issues which are outside their expertise or the purpose of our Services which are set out above in clause 1, or where you lack the mental capacity to consent to receiving the consultation Services.
4.4 In the event that the Practitioner considers that the provision of remote consultation Services, may be unsuitable or insufficient in light of your reported health or wellness issue, the Practitioner may advise you that a physical in-person consultation should be arranged with your local doctor or health practitioner.
5. Our Services
5.1 We make our Services available to you via our Platform.
5.2 Through our Platform, you will be able to: (i) take our proprietary online lifestyle assessment (questionnaire) to generate a baseline assessment report; (ii) book online consultations with holistic health Practitioners based on your needs and preferences; (iii) purchase third party products via our Platform from time to time; (iv) work with a Practitioner to develop a personalised lifestyle plan; and (v) track your progress against your lifestyle plan via the Platform or your own wearable device.
5.3 Health and Lifestyle Assessment: You will be required to take a general health and lifestyle assessment through our Platform. This will provide us (and any Practitioner you consult with through our Platform) general information and risks relating to your lifestyle.
5.4 Booking Online Consultations: When you use our Platform to book a consultation with a Practitioner, such booking creates a legal contract between you and us, under which we provide to you the means of accessing the consultation Services via our Platform with your chosen Practitioner(s). That contract is made on these Terms (and incorporates any additional terms specified in your booking confirmation email).
5.5 Online Consultations: (i) We connect you with a Practitioner who will conduct a consultation with you, and based on their assessment of your health and lifestyle, where necessary, the results from provided lab results and additional tests, we will provide you with a tailored nutrition and lifestyle plan whereby your progress can be tracked through the Platform. The Practitioners may recommend additional lab tests and supplements as part of the lifestyle plan which are at your discretion to consider. (ii) Communication with Practitioners is offered through video and audio consultations as well as chat based communications. (iii) It is your sole responsibility to notify the Practitioner – either in any online questionnaire you complete on the Platform (if applicable) (e.g. when making a booking request) or during your consultation as to any circumstances affecting you which might affect the Practitioner's provision of the consultation Service. You must notify the Practitioner immediately. (iv) If you utilise the consultation services of different Practitioners, it is not uncommon for the different Practitioners to have different opinions on optimal lifestyle plans for you, but we make every effort to have a consistent approach in designing and sharing with you a tailored lifestyle plan. (v) If you cannot make a booked appointment with a Practitioner, you are able to cancel such an appointment, provided always that if the cancellation is not made within 24 hours of the appointment time, we reserve the right to charge you 100% of the consultation fee.
5.6 Lifestyle Blueprint Tracking: (i) We utilise a third-party platform, Healthie, to capture your lifestyle information and offer lifestyle blueprint tracking to you. (ii) You are recommended to input information regarding your health, lifestyle, mood and overall wellness. (iv) Tracking enables you and the practitioner to understand your baseline and review progress.
5.7 Digital health related services We may provide additional Services that give you health and lifestyle information through our Platform and social media platforms (any and all of which shall form part of our Services). Our digital wellness Services are for information only.
5.8 Group messaging The Practitioner may invite you to join a virtual moderated community via our Platform, which will allow you to share your progress, get advice and support from other users as well as the moderating practitioner. You will be added following consent from you to join any recommended groups.
5.9 Products Certain recommended supplements and lab tests are available to purchase via our Platform. These are provided on our "marketplace" but we give no guarantee or warranty in respect of such products and services. Whilst we aim to make it easy for you to purchase recommended products that we believe are of high quality, you are free to to purchase products from your own preferred vendors. Should you have any issues, please contact the manufacturer or service provider directly.
6. Use of Our Services
6.1 The Practitioner will rely on information provided to you in your lifestyle assessment and during the course of your consultation. You must provide complete and accurate information. If you do not provide such complete and accurate information, the Practitioner will not be able to tailor the Service to your needs and may not be aware of additional risk factors.
6.2 If you are taking any medication or receiving any treatment, you should advise the Practitioner you are consulting with of this over the course of any booking, where applicable, so they can assess whether the Services are appropriate for you.
6.3 If you become aware of any underlying medical conditions or circumstance affecting you of which your Practitioner is unaware, or you are taking medication, recently suffered any illness, or any other circumstance that might be relevant to your consultation, you must immediately notify the Practitioner of the particular circumstance and where necessary or advised, consult with your medical practitioner.
6.4 You must follow advice and instruction of your Practitioner when adopting changes to your diet, undertaking physical activities, introducing new Products such as supplements or other wellness-related behaviours. You recognise failure to do so is at your own risk. If you are not clear on the advice or instructions, do not proceed until you have clarification from your Practitioner.
6.5 You warrant that you will not transmit any material in the course of receiving the consultation Services or using the Platform which are: (a) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitate illegal activity; (c) depict sexually explicit images; (d) promote unlawful violence; (e) are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; (f) cause damage or injury to any person or property; (g) infringe any third party’s copyright, trade mark, or other intellectual property rights; (h) infringe any third party’s rights of publicity or privacy; or (i) contain any viruses or other malware or harmful content.
6.7 If the Practitioner considers that you have acted in a way towards her/him that would constitute a crime, or have disclosed that you have committed a crime that the Professional is under a legal duty to report, you should note that they may report such a crime, and as noted in our Privacy Policy, if we are subject to any compelled disclosure order from a regulatory authority or court of competent jurisdiction we will comply with such order (including by disclosing your identity from your account data).
7. Price and Payments
7.1 You may need to pay a fee to use the Service. The fee will depend on the type of Service you choose. We will make the total cost clear to you before you incur any charges and you will be responsible for any charges incurred from that point on.
7.2 We use a third-party payment provider to process your payment (whether via our Platform) which is currently provided by Stripe. Once we receive your payment, we will process your order and make arrangements for your consultation and send you Products such as supplements or facilitate orders with third party lab providers.
7.3 (i) Fee for use - The fee depends on the type of consultation/service you choose. Costs are clear before you incur any charges. (ii) Subscription model - Certain services and products are available to purchase on a subscription basis through the platform. (iii) Fee for additional products - option to purchase certain at-home laboratory tests and supplements based on the practitioners recommendations.
7.4 All payments due from you to us are inclusive of VAT.
7.5 As all booking requests are placed and then fulfilled or rejected in real time, you waive any rights you have to a statutory 14 day cooling off or cancellation period in relation to your contract for the consultation Services. Once the booking is requested, you acknowledge that the consultation Services will commence once accepted by a Practitioner within the initial 14 days of the booking being made though you may cancel pursuant to clause 5.5(v) of these Terms.
8. Accounts
8.1 In order to use certain features and services offered by us, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
8.2 You may delete your Account at any time, for any reason, by following the instructions on the Platform. We reserve the right to suspend or terminate your Account in accordance with Section 8.7 below.
8.3 If you set up a user account with us, you agree that you shall take all steps necessary to protect your login details and keep them confidential. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
8.4 If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
8.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
8.6 If you notice an unauthorised use or breach of your user account, you must notify us immediately at info@modern-body.co.uk.
8.7 We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); or because it is no longer economically viable or efficient to provide the Platform and Services. If the Platform is unavailable for any booking you have placed with a Practitioner, the Practitioner shall be responsible for ensuring that they are able to deliver the consultation Services to you, and where they fail to do so, your claim shall be against them only.
9. Term and Termination
9.1 We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) at any time. We will normally do so if we reasonably believe that you are in breach of these Terms.
9.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
10. Liability, Disclaimer and Indemnity
10.1 Our liability to you, by law, is not limited in relation to death, personal injury, or loss or damage to personal property. In all other aspects, we are not liable to you, whether directly or indirectly, for any loss, damage or injury sustained as a result of using our Platform and Services.
10.2 To the utmost extent permitted by law, our liability in respect of any losses arising under or in connection with the provision of the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the fees paid to us by you.
10.3 You agree to keep us indemnified against all liabilities, costs, expenses, damages and losses suffered or incurred by us as a result of your use of our Services or in connection with your breach of these Terms, or your violation of relevant law, or wrongful acts or omissions, and from any claim or dispute arising between you and any Practitioner in connection with the consultation Services, of any nature.
11. Intellectual Property
11.1 You acknowledge that all copyright, trademarks (including the Modern Body logo), and other intellectual property rights in and relating to the Platform are owned by us or licensed to us by third parties. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You hereby grant us a perpetual, royalty-free, irrevocable, worldwide, transferable and sub-licensable licence in and to the content of any data recorded through the Platform (including on Healthie Inc.) and chat logs recorded on our Platform in connection with the Services, for us to reproduce same as we see fit, without restriction (other than any restrictions imposed by law).
11.3 You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform, including any group conversations or communications with your Practitioners, unless we have first agreed to this in writing. You must not use any of our trade marks (registered or unregistered, including the word the Modern Body logo), or other intellectual property rights in and relating to the Platform without our prior written consent.
11.4 If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
12. Complaints
12.1 If you have any concerns regarding the Platform or Services or Practitioner we hope we can resolve these quickly if you contact us at info@modern-body.co.uk.
13. Law and Jurisdiction
13.1 These Terms shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any matter arising out of or in connection with these Terms, the Platform or provision of the Services.
