Terms and Conditions

Terms of Service

These Terms of Service (“Terms”) govern your use of the personal fitness goal setting and monitoring mobile application (the “App”), the website www.lets-dothis.org.uk (the “Website”) and other related services (together, the “Service”).

The Service is operated by the British Heart Foundation (“BHF”) on behalf of the National Charity Partnership which has been formed between BHF, the British Diabetic Association (“DUK”) and Tesco Stores Limited (“Tesco” and, together with BHF and DUK, the “Partners”). BHF is a charity registered in England and Wales (225971) and Scotland (SC039426). DUK is a charity registered in England and Wales (215199) and Scotland (SC039136).

You must accept these Terms to create an account and to use the Service. If you do not have an account, you accept these Terms by visiting the Website or using any part of the Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT THE WEBSITE OR USE THE SERVICE.

Changes to the Terms

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on the Website. We will notify you by email, through the Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Service after a modification is posted, you are telling us that you accept the modified terms.

Our Privacy Policy Any information that is collected through your use of the Service is subject to the App Privacy Policy, which is part of these Terms.

Who can use the Service?

You may use the Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the Service using any device that supports the App.

Creating an Account

Full use of the Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. The Partners are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Service. These communications are part of the Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content on the Service

You may post comments and other content (“Your Content”) to the Service. You retain all rights to Your Content that you post to the Service. By making Your Content available on or through the Service you grant to each of the Partners a non-exclusive, transferable, sub-licensable, worldwide, royalty-free

license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You also agree that Your Content will comply with the following community guidelines:

1. Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

2. Do not post profane or explicit content.

3. Do not post profile pictures that might be considered inappropriate.

4. Do not post communications that could be interpreted as threatening or harassing.

5. Do not post, advertise, or promote products or services commercially.

Our Rights

“Our Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. Except for Your Content, Our Content, the Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of England and Wales and other countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ervice.

What you can do on the Service

The Service is intended for your personal, non-commercial use.

The Partners grant you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view Our Content and (2) access and use the software and mobile applications provided by the Service as authorised in these Terms. This license is provided solely for your personal use and enjoyment of the Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Our Content, the Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Partners or any of their licensors, except for the licenses and rights expressly granted in these Terms.

Things you cannot do on the Service

Except to the extent permitted by law, you must not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service: (1) use, display, mirror or frame the Service or any individual element within the Service, any name, trademark, logo or other proprietary information of any of the Partners, or the layout and design of any page or form contained on a page, without the relevant Partner’s express written consent; (2) access or tamper with non-public areas of the Service, any Partner’s computer systems, or the technical delivery systems of each

Partner’s providers; (3) test the vulnerability of any system of any of the Partners or breach any security or authentication measures; (4) circumvent any technological measure implemented by any Partner or any of their providers or any other third party (including another user) to protect the Service or Our Content; or (5) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that any of the Partners provides to you or any other part of the Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the Service, Our Content, or Your Content or to review or edit any of Our Content or Your Content, but we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal or regulatory requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to remove or disable access to the Service, any of Our Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that Our Content, Your Content, or your use of the Service is objectionable or in violation of these Terms or for any other reason. We have the right to investigate violations of these Terms and any conduct that affects the Service.

Use the Service at your own risk

Our goal is to provide helpful and accurate information on the Service, but we make no endorsement, representation or warranty of any kind about any of Our Content, information, services or recommendations. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices.

If you rely on any of Our Content or the Service, you do so solely at your own risk.

Consult your doctor before using the Service

The Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Service, engaging in an exercise programme or changing your diet. If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Service. If you engage in any exercise program you receive or learn about through the Service you agree that you do so at your own risk and are voluntarily participating in these activities.

Use Common Sense

Use of the Service should not replace your good judgment and common sense. Please read and comply with all safety notices that may be sent to you and/or displayed on the Website in relation to your use of the Service.

Feedback and Submissions

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by any of the Partners, or obtained from sources other than you.

Contests and Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by the Partners and their affiliates. It is your responsibility to carefully review those terms and conditions.

Alerts and Notifications

As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-Service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

Third-Party Links on the Service

The Service may contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under any of the Partners’ control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

Changes to the Service

The Partners may change or discontinue, temporarily or permanently, any feature or component of the Service at any time without notice. None of the Partners are liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting info@tescocharitypartnership.org.uk. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: Posting Your Content on the Service; Our Rights; Our Enforcement Rights; Consult your doctor before using the Service; Termination; Disclaimers; Limitation of Liability and General Terms.

Disclaimers

The Service and Our Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, to the extent legally permissible we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Service or Our Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or any of Our Content. You acknowledge and agree that if you rely on any of Our Content or the Service, you do so solely at your own risk.

Limitation of liability

Nothing in these Terms excludes or limits each Partner’s liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

To the extent permitted by law, the Partners exclude all conditions, warranties, representations or other terms which may apply to the Service and/or Website or any content on it, whether express or implied, that are not set out in these Terms.

The Partners will not be liable for any loss or damage (including loss of data), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

i. use of, or inability to use, the Service; or

ii. use of or reliance on any content or information displayed on Service; or

iii. the provision of, or our failure to provide, any products, services or events ordered or made available through the Service (unless stated otherwise in any relevant additional terms and conditions).

Please note that the Service is only intended to be for domestic and private use, and the Partners will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damage.

The Partners do not accept any liability for any loss or damage caused by viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any Third Party Services.

General Terms

Except as otherwise stated, these Terms constitute the entire agreement between the Partners and you regarding the Service. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by the Partners under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

The Terms (including any non-contractual disputes or claims) shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales (including in connection with any non-contractual disputes or claims)

Contact Us

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OR THE SERVICE.

By post: National Charity Partnership, Parkway 10, London, NW1 7AA

By phone: 0207 424 1805

By email: info@tescocharitypartnership.org.uk