Terms of Service

Last Updated: 7^th February 2022

Definitions

1. “Uniquely Health” or “we”, “us” or “our” means Provenca Capital Ltd. Provenca Capital is a Limited company with Companies House company number 10926530, registered at 14-16 Dowgate Hill, London, EC4R 2SU, United Kingdom.
2. “Service”or “Services” means Uniquely Health’s products, software, services, and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
3. “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Uniquely Health collects and stores the following types of Personal Information:
   1. “Registration Information”is the information you provide about yourself when registering for our Services (e.g. name, email, address, user ID and password).
   2. “Self-Reported Information”is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter or permit to be entered, into surveys, forms, or features while signed in to your Uniquely Health account.
   3. “User Content”is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of Uniquely Health and transmitted, whether publicly or privately, to or through Uniquely Health.
   4. “Web Behaviour Information”is information on how you use the Uniquely Health website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.

4. “Website”means uniquely.health

Nature of service

1. By proceeding to use Uniquely Health’s Services, you understand that our Services are aimed at helping you improve your general wellbeing. Amongst other things, our services:
   1. Employ various analytical tools to gather information about your current health.
   2. Include recommendations and ideas of actions that you can take to improve your wellbeing.
   3. Include consultation with different professionals that operate in the health sector, although such consultations do not constitute medical advice.

3. Uniquely Health Services are not medical, telemedical or healthcare advice. and should not be used to replace any medical advice you may have received
   
   1. Our services are not intended to treat, cure or prevent any disease, nor is the information supplied on this Site or other promotional material intended to replace the individual advice available from your own doctor or replace the relationship with your doctor or other healthcare providers.
   2. You should always seek the advice of your doctor before starting, stopping or modifying any physician-prescribed treatments or medications.
   3. You understand and accept that the service provided by us is also not telemedicine service
   4. Information on the Site or the Services Uniquely Health offers is not comprehensive and does not cover diseases, ailments, physical conditions, or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon the information you may have read on the Site or due to the consumption of any of our products or services.
4. You understand that no analytical process is perfect. Uniquely Health has processes in place for checks and balances, but despite best efforts, analytical processes may fail, and results delivered may not be 100% accurate.
5.  

Acceptance of Terms

8. You agree to use Uniquely Health’s Services (excluding any services provided by Uniquely Health under a separate agreement) in accordance with these Terms of Service (“TOS“).
9. Uniquely Health may offer other Services from time to time that is governed by different Terms of Service (“Other TOS”). The TOS applies in all other areas where you have not agreed to the Other TOS. Where you agree to one or more Other TOS with Uniquely Health, this TOS continues to apply and is supplemented by the Other TOS. In the event of a contradiction between the various terms of service,  this TOS will apply, unless specifically stated in the Other TOS
10. If you have any questions about the Services, please email support@uniquely.health and we will arrange a consultation with our team.
11. You agree that a key characteristic of our Services is that changes to the Services will take place over time and this is an important basis on which Uniquely Health grants you access to the Service. This also applies to the TOS. Any modifications of our Services or TOS will be effective immediately upon public posting, for example on our Website. When these changes are made, if appropriate, Uniquely Health will make a new copy of the TOS available on its Website and will communicate the updated TOS to you by email if we have an accurate record of your current email address.  Your continued use of our Services and the Website following any such modification constitutes your acceptance of the modified TOS.
12. You acknowledge and agree Uniquely Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any element thereof.

Eligibility

13. You may not use the Services and may not accept the TOS if:
    
    1. you are not of legal age to form a binding contract with Uniquely Health; or
    2. you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
    3. you are using the Services for a business or commercial purpose, or any purpose other than personal use unless explicitly authorised in writing by Uniquely Health.
14. Before using Uniquely Health’s service, please ensure you are in compliance with any local restrictions on consulting with a clinician outside of the country where you are currently situated.

Privacy Policy

15. Given that the Internet is a global environment, using it to collect and process personal data necessarily involves the transmission of data on an international basis. This means for instance that data you pass to us may be processed outside the European Economic Area, UK, and your country of origin. By communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
16. By using our Services, you are agreeing to our Privacy Policy which can be found on our Site.

Indemnity

17. You agree to defend, indemnify and hold Uniquely Health and/or Provenca Capital Limited, its officers, directors, employees, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in connection with the following:
    1. Your access to or use of systems, website, content, or Services provided by Uniquely Health and/or Provenca Capital (including, without limitation, the use of any reports, analysis, or investigations).
    2. Your violation of this Terms of Service.
    3. Your violation of any applicable laws, rules or regulations.
    4. Your provision of diagnostic, testing, clinical or medical information or services to your that involved to any extent the use of or access to Service, reports analysis, investigations or other content provided by Uniquely Health.

Hyperlinks and the Uniquely Health Website

18. The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Uniquely Health has no control over such sites and resources, you acknowledge and agree that Uniquely Health is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
19. You further acknowledge and agree that Uniquely Health and or Provenca Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

Uniquely Health’s Proprietary Rights

20. You acknowledge and agree that Uniquely Health (or Uniquely Health‘s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Uniquely Health and that you shall not disclose such information without Uniquely Health‘s prior written consent.
21. You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
22. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Disclaimer of Warranties

23. Although Uniquely Health attempts to provide the services using a commercially reasonable level of skill and care there are certain things that we do not promise about our services.
24. Uniquely Health does not make any promises about the services. We do not guarantee that the services will meet your requirements, be reliable or be available when you want to access the services, the results that may be obtained from the use of the services will be accurate or reliable and the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
25. Due to the inherent nature of software, the internet, telecommunications networks, and websites, Uniquely Health does not guarantee that the services will be available when you want to use them, error-free or that any communications made using the services or any information or content provided through the services will be secure.
26. Certain terms may be automatically included in this agreement by law. These terms relate to the quality of the service provided, fitness for a particular purpose, and non-infringement. To the extent that Uniquely Health is allowed to do so by law, we exclude these terms from this agreement.
27. Uniquely Health does not guarantee that the services are free of viruses and other harmful components and Uniquely Health will not be responsible to you for any damage arising from any virus or other harmful component in any of the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You are advised to back-up or store securely your content and user content.
28. No advice or information, whether oral or written, obtained by you from Uniquely Health or through or from the services shall create any promise not expressly stated in these TOS.
29. You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority.
30. Uniquely Health does not control or endorse any actions resulting from your participation in the services and, therefore, Uniquely Health specifically does not accept any responsibility with regard to your actions resulting from your participation in the services.
31. Uniquely Health does not have any obligation to verify the identity of or screen the persons using the services. Uniquely Health does not have any obligation to monitor the use of the services by other users of the service. As such, Uniquely Health will not be responsible for any damage you suffer as a result of your interactions with and the conduct of other users and for identity theft or any other misuse of your identity or information.
32. Because we cannot control the behaviour of our users Uniquely Health does not guarantee the accuracy, completeness or usefulness of any user content or adopt, endorse or accept responsibility for the conduct of any users or for the accuracy or reliability of any opinion, advice or statements they make.

Miscellaneous

33. Uniquely Health intends to rely on these TOS as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly governs over this TOS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
34. For any dispute with Uniquely Health, you can contact support@uniquely.health
35. These TOS shall be governed by the laws of England and Wales we each agree that any dispute that goes to court will be heard in the courts of England and Wales.
36. If you do not comply with this Agreement and we do not take action immediately, this does not mean that we have given up any rights that we may take action in the future.
37. You may not transfer any rights or obligations under this TOS. Any transfer will be ineffective. We may freely transfer or delegate all rights and obligations under this TOS and you consent to such transfer.
38. Severability: If any provision of this TOS is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this TOS shall remain operative and binding.
39. Governing Law and dispute resolution: The governing Law of this TOS is English law; any disputes will be resolved by the Courts in London, UK.