Terms and conditions of Use and Disclaimers

Interpretation

The following definitions and rules of interpretation apply in these Terms and Conditions of Use and Disclaimers:
Agreement: this document as varied from time to time.

Company: Achiever Health Ltd (“the Company”) trading as Achiever. 

Third Parties: someone who is not one of the main people involved in this Agreement but who may be involved in it in a minor role and who may perform services for or on behalf of the Company.

System and Programme: all the features and functionality of both the App and the Website, together with all its content, whether accessible wirelessly, electronically or downloadable for printing.

App: refers to the Achiever App owned and operated by Achiever Health Ltd, which is downloaded from a Mobile App Provider, such as Apple Mobile App Store or Google Play.

Mobile App Provider: an applications store or applications distribution platform, such as Apple Mobile App Store or Google Play.

Website: refers to achiever-health.com.

Social Media: refers to the Achiever operated social media accounts, including LinkedIn, Facebook and Instagram, as well as those which may be added from time to time.

Terms and Conditions: refers to either these terms and conditions or terms of service, as amended from time to time and available on our website.

Subscription: means the monthly subscription fee paid to Apple via the Apple Mobile App Store or to Google via Google Play which is then paid to Achiever, entitling you to use the App, the System and the Programme.  

User Data: refers to the Data that Achiever has access to from the user. If the user provides their email address to Achiever in the sign up process, Achiever will send electronic communications to the user, as per Section 2 of these terms and conditions. However if the user’s email address is not provided, the user will not be subject to all of the terms and conditions in Section 2.

Achiever Programme: the combined content from the Achiever App consisting of habits, steps, the nutrition programme and streaks.

Habits: routines practiced regularly under both the habit section of the app and throughout the app.

Levels: the progress gained by the user through completing habits, steps and the nutrition programme. As the progress increases, the user`s levels increase.
Steps: the user`s daily step count which is taken from either the Apple Health App or Google Fit. Achiever will ask for permission to access the user`s health data on the mobile device and fetch the step data. 

Nutrition Programme: either the Achiever Nutrition Programme or the Intermittent Fasting programme. 

Achiever Nutrition Programme: a flexible set of eating guidelines during a 24 hour period.

Intermittent Fasting or IF: refers to the 16:8 fasting involving not eating for 16 hours, and only eating over the course of 8 hours, within a 24 hour period.

Streaks: refers to the cumulative and successive progress gained from the user completing their habits, steps or Nutrition Programme. This is achieved by the Achiever app tracking the user`s progress as each Habit, Nutrition Programme and Steps are completed and at which level the user is at in respect of each. 

This Agreement (the “Agreement”) is a legally binding agreement between you and Achiever Health Ltd, trading as Achiever, a company registered in England and Wales under number 13281035 whose registered office is at 11 Thurloe Place London SW7 2RS (“Achiever”). The Agreement governs your use of the online and mobile services associated with Achiever, including but not limited to, www.achiever-health.com and all associated subdomains (the “Website”), and the Achiever mobile application (“App”). 

Please note you must read and agree to the terms and conditions of this Agreement before you use the System and Programme of Achiever. If you do not agree to the terms and conditions of the Agreement, you may NOT use the System and Programme. 

1. Contract Information and Eligibility

By reading and agreeing to the terms and conditions of this Agreement, you confirm you are 18 years of age or older, that any registration information you submit to Achiever is true, accurate and complete and that you will correct and update such information in order to keep it up to date. You further agree you shall be legally bound by such terms subject to all applicable laws and regulations.

You agree you have read, understood and agreed to Achiever`s Privacy Policy, which can be viewed on the Achiever website.

Whilst the System and Programme is designed for those over 18 years of age and is not recommended for a person under 18 years of age, if access to Achiever is being obtained for someone who is under 18 years of age, you confirm you are over 18 years of age and you are the person`s guardian in law and agree responsibility on behalf of that person to comply with the terms of the Agreement. In doing so, you further agree to indemnify Achiever for any loss or damage suffered by Achiever as a consequence of a person not aged 18 years or more failing to comply with the Agreement.

You agree not to register or subscribe to more than one account on Achiever, nor create an account on behalf of someone else, or create a false or misleading identity, with Achiever. If your subscription is terminated for any reason, you agree not to register or subscribe again with Achiever by using another user name or through any other means. If Achiever has reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these terms & conditions, or otherwise by law.

2. Consent to Receiving Electronic Communications

Achiever may send you from time to time:

Legal Communications by email or posting them on the Website and/or our Mobile App. These include future changes to our Terms & Conditions, our Privacy Policy, and other notices, legal communications or disclosures and information related to our Services. Such communications are part of the Services which you cannot opt out of receiving, if you have provided us with your email address and are a current subscriber. 

Service Announcements. Whilst using our Services, you may receive periodic electronic communications from Achiever regarding the Services, such as new product offers and other information regarding the Website and/or our Mobile App, as well as our newsletters, which are part of the Services and which you cannot opt out of receiving, if you have provided us with your email address and are a current subscriber.

Promotional Communications. You may receive periodic promotions and other offers or materials from Achiever which might be of interest to you. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message. 

If you decide you do not want to receive future communications from Achiever, please send an email to contact@achiever-health.com.Your withdrawal of consent will be effective within a reasonable time after we receive it. Your withdrawal of consent will not affect the legal validity or enforceability of the terms and conditions herein and agreed by you, prior to the effective date of your withdrawal. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to Achiever or any part thereof. 

3. Understanding Achiever

You acknowledge and agree that the Achiever System and Programme is a personalised lifestyle and self-help programme designed to help you improve your own wellbeing and in choosing to access the Achiever System and Programme, you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques.

You also acknowledge and confirm you agree that Achiever is not a medical organisation and the System and Programme is not intended to and does not in any way diagnose nor treat or deal with any medical issue(s). The material on the System and Programme does not provide any medical advice and should not be seen as replacing the advice which may be necessary from a doctor or other healthcare professional. You should seek the advice of a doctor before beginning any weight loss programme. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the System and Programme, the advice of the medical professional must take priority. The Achiever App and Website are not intended to be used by minors, nor pregnant women or anyone with a health condition.  Individuals with any type of health condition are specifically warned to seek professional medical advice prior to initiating any form of weight loss programme.

4. Grant of Right of Use

The System and Programme is only available to individuals who enter their payment card details into their mobile device using either the Apple App Store or Google Play Store payment service. Achiever does not ask for and does not store your payment card details. After the initial 14 day free trial period, the System and Programme is a paid for service. Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and Programme in respect of which you have paid all applicable charges, as long as you fully comply at all times with the terms of this Agreement. 

5. Prices and Payment and Cancellation

The Achiever System and Programme is signed up for by the user downloading and joining the Achiever App from a Mobile App Provider. The user’s payment details are stored with the Mobile App Provider and their phone to facilitate a payment to either the Apple App Store or Google Play Store payment service. Achiever does not have access to the user’s credit card details. In downloading and joining the Achiever App from the Mobile App Provider, the user confirms they have used their correct name, email address, credit card details and billing information for their payment which is made direct to the Mobile App Provider. If any information provided by the user is not accurate or not complete, Achiever reserves the right to discontinue the purchase by the user and terminate access to the System and Programme. The user will lose any right to a refund of any monies already paid to Achiever.

All costs and charges are displayed on Achievers website and shown on the users mobile phone in the country the user is located in. The cost payable by the user is displayed either on the Apple App Store or Google Play Store and the currency, price and exchange rate applied is determined by them. 

Within the first 14 days of your Achiever start date, you may cancel your subscription via your mobile phone directly with the Apple App Store or Google Play Store. When the initial 14 day period has ended, the System and Programme is a paid for service and Achiever shall not be liable to issue any refund of any amounts already paid by the user prior to cancellation of the subscription.  

The Achiever System and Programme you are signing up for is a monthly payment plan. The Achiever System and Programme can be cancelled either in the Apple App Store or Google Play Store app to whom the monthly payment is made and the cancellation date is provided and confirmed by the Mobile App Provider. Once you have cancelled and at the end of your subscription, your account will be disabled and you will no longer be able to access the Achiever System and Programme. 

Your subscription with Achiever will automatically renew for successive renewal periods of the same duration as at the time of purchase, unless it is cancelled with the Apple App Store or Google Play Store. Until the subscription is cancelled, the payment card used for the subscription, will continue to be charged. Your non-cancellation of the subscription will confirm your authority for the payment card to be charged. If your credit card account has been closed or your payment method is otherwise invalid, your subscription will not renew and your subscription will be immediately cancelled and access to the System and Programme terminated and you will not have a right to any refund of any monies already paid.  

6. Refund Policy

Subject to your consumer statutory rights, which cannot be excluded, due to the nature of the System and Programme offered by Achiever, we are not able to make any representations to you in respect of your use of the System and Programme offered by Achiever. Furthermore, Achiever does not provide any guarantee as to any results or outcomes associated with using the Achiever System and Programme, nor in respect of any use of the products or services offered by Achiever. In using the Achiever System and Programme, you acknowledge and accept that your use of the System and Programme is wholly at your own risk. Achiever does not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless where required by law to do so.

7. Your Health and Achiever

You are urged and advised to seek the advice of a doctor before beginning any lifestyle improvement programme. If you have any other concerns or questions about your health or medicines, you should always consult a healthcare professional. Be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes to any prescribed medicines.

This programme is solely intended as a lifestyle programme and guide. It is not a medical aid or device, meaning it should not replace any existing recommendations that have been given by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such, each individual needs to check its suitability. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying/existing medical condition before starting on this programme.

Those with suspected/diagnosed eating disorders may not be suitable to use the System and Programme. Current best practice to diagnose and treat eating disorders supports the use of in-person therapy. This is beyond the scope of Achiever.

Achiever is not suitable for women who are pregnant due to the different nutritional requirements to support growth and development of the baby during pregnancy. Women who are breastfeeding may not be suitable to use the Programme and will need to check with their healthcare professional before doing so. 

A team of third party nutritionists have provided advice for dietary information provided and contained within the Achiever System and Programme. Care has been taken to confirm that the information presented by third party authors is accurate and describes generally accepted practices. If we find, or are alerted to a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the third party authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System and Programme and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.

8. Privacy

We process information about you in accordance with our Privacy Policy. By using the System and Programme, you consent to such processing and you confirm all the information provided by you is accurate.

To access Achiever, you will be required to register personal information and set up unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords and are fully responsible and liable for all activities that occur whilst your password and username are used, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorised disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorised use of your account.  

Where the System and Programme allows you to engage with Achiever on Social Media, thereby enabling you to upload content in a public area, by submitting and uploading such content, you agree that such submission and uploading is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in your online group. 

Where the user has been contacted by Achiever to provide a photo and/or testimonial or similar material for use by Achiever and the user has chosen to do so, this will amount to a grant of consent and a right of use given by the user to Achiever and the material so provided shall be authorised for use on the Achiever website and social media for an indefinite period of time and display.  

9. Intellectual Property Rights

The layout, design, content and graphics on the Achiever System and Programme are protected by UK and other international copyright laws and the user acknowledges and confirms all rights to the above are solely vested in Achiever and the user has no ownership rights to the same whatsoever. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System and Programme may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.

If you print off or download any material from the System and Programme in breach of these terms of use, your right to use the System and Programme will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.  

10. Prohibited uses

You agree that you will not:

  • Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion
  • Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor 
  • Impersonate any person or entity, including, but not limited to, any user of this System and Programme, a director, officer, employee, shareholder, agent or representative of Achiever or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Achiever, our affiliates or any other person or entity
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the System and Programme
  • Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose
  • Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • Interfere with or disrupt the System and Programme or servers or networks connected to the System and Programme, or disobey any requirements, procedures, policies or regulations of networks connected to the System and Programme
  • Intentionally or unintentionally violate any applicable laws and/or regulations
  • “Stalk” or otherwise harass another user of the System and Programme and/or any employee of Achiever
  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party, and/or:
    • Access or attempt to access another user’s account without his or her consent.
    • Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • Reproduce, duplicate, copy or re-sell any part of the System and Programme in contravention of the provisions of this Agreement.
  • Resell access to the System and Programme.
  • Frame the System and Programme or any part of it.
  • Copy any material obtained from the System and Programme to peer to peer networks or other web sites or web services.
  • Access without authority, interfere with, damage or disrupt any part of the System and Programme; any equipment or network on which the System and Programme is stored; any software used in the provision of the System and Programme; or any equipment or network or software owned or used by any third party.

11. Breach of the Agreement

We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System and Programme. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Achiever System and Programme.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the System and Programme.
  • Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Any further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.

12. No Warranty

The use of the Achiever System and Programme (including but not limited to their content and features) is at your own risk. The System and Programme is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Achiever gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System and Programme or the accuracy of the information contained in any of the materials on the System and Programme. Achiever shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System and Programme. There is no guarantee of availability of information on the System and Programme at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Achiever shall create any warranty on behalf of Achiever in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.

13. Limitation of Liability

To the fullest extent permitted by applicable laws, Achiever, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence, breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System and Programme, even if you have advised Achiever about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the System and Programme Social Media by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System and Programme and/or Achiever Social Media, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Achiever (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Achiever System and Programme. Any claims arising out of or in connection with your use of the System and Programme must be brought within one month of the date of the event giving rise to such action occurred. Nothing in this provision affects our liability which cannot be excluded under an applicable law.  

14. Technology Limitations and Modifications

Achiever will make reasonable efforts to keep the System and Programme operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control, including but not limited to, failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. Achiever reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System and Programme with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System and Programme (or any part thereof) as soon as practicable. Following any disruption within Achiever’s reasonable control, we shall extend your access to the Paid for Services for a maximum of 7 days only, for which those Paid for Services were inaccessible upon written request to the below address. In doing so, Achiever reserves the right to seek additional information from the user prior to granting the extension.  

15. Indemnity

You agree to indemnify and hold Achiever and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System and Programme (and all related materials) or any applicable laws, regulations or third party rights.

16. Assignment by Achiever

Achiever may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.

17. Entire Agreement

This Agreement, incorporating these terms (as updated time to time) and the Privacy Policy, constitutes all the terms and conditions agreed upon between you and Achiever. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to Achiever are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Achiever not contained in this Agreement.

18. Severability and Waiver

If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.

19. Term and Termination

This Agreement is between you and us only and will become effective when you start using the System and Programme and will remain effective until terminated by you or Achiever. Achiever reserves the right to terminate this Agreement or suspend your Achiever account at any time in case of unauthorised, or suspected unauthorised use of the System and Programme whether in contravention of this Agreement or otherwise. If Achiever terminates this Agreement, or suspends your Achiever account, Achiever shall have no liability or responsibility to you whatsoever. When this Agreement between you and Achiever has been terminated, whether in contravention of this Agreement by you or otherwise, you will still be bound by the terms of this Agreement specifically in relation to but not limited to the copying of material and the use of it thereafter.

20. Governing Law and Disputes

The System and Programme is controlled by Achiever Health Ltd based in the United Kingdom. Access to, or use of, the System and Programme and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System and Programme. We make no representation that the information contained herein is appropriate or available for use in other locations. 

This Agreement and any contract between us, whether for use of the System and Programme or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.

21. Surviving Clauses

The following provisions and clauses shall survive termination of this Agreement: Clause 9 (Intellectual Property Rights), Clause 13 (Limitation of Liability), Clause 15 (Indemnity), Clause 17 (Entire Agreement), Clause 18 (Severability and Waiver) and Clause 20 (Governing Law and Disputes).

22. Changes to the Agreement

Achiever reserves the right to vary this Agreement from time to time by amending this page. Registered users will be notified of changes by the email address we have for you on file. Any material amendments intending to bind an existing user of the System and Programme will become effective 7 days after the email. 

23. Contact

Achiever can be contacted via:
Email: contact@achiever-health.com 

Postal address: 11 Thurloe Place London SW7 2RS.

For clarity, please note that we are unable to answer any medical related enquiries. Such enquiries should be addressed to an appropriate, qualified health practitioner.

Effective Date:  18th June 2021.