Terms and Conditions The Be.Me Terms and Conditions can be seen below.

About Be.Well

Bupa Occupational Health Limited (“Bupa”', “we”, “us” or “our”) have designed a health & wellbeing guide and lifestyle support in the form of an app and website portal. It is designed to help you achieve your health and fitness goals and provide an interactive health and wellbeing online coach.

These Terms of Service (“Terms”) apply to your access and use of the Be.Me Service. The “Be.Me Service” includes our app, software, website portal, APIs and kiosk.

These Terms are an agreement between you and Bupa, an English company with its registered office at 1 Angel Court, London, United Kingdom, EC2R 7HJ with company registration number 00631336. These Terms are governed by the laws of England and Wales.

This App is provided in conjunction with WellPoint Group Limited, an England & Wales registered company (“Wellpoint”). Wellpoint operate the systems we use to provide the app and the website portal, and on which your data is stored, but we remain responsible to you for the app and website portal.

You must accept these Terms to create a Be.Me account and to access or use the Be.Me Service. If you do not have an account, you accept these Terms by using any part of the Be.Me Service. If you do not accept these terms, do not create an account or use the Be.Me Service.

[Please note the Terms may be amended from time to time and we will notify you by revising the “last updated date” at the top of the Terms by providing you with additional notice via email or posting the revised Terms on the Portals. Your continued use of the Be.Me Service without informing us of your objection to a change or changes to the Terms shall constitute your acceptance of the change(s).]

What the Be.Me Services are intended to be

The Be.Me Service is intended to provide general content about health and related topics. It collects user-entered and otherwise provided data points related to physical body-type, physical activities, health, lifestyle choices (i.e. alcohol intake, smoking history, hydration levels) and medication of the user. These data points allow statistical and algorithm-based data processing for medical overviews and correlations of occurrences of events related to general health and allow a user to voluntarily set challenges and goals. The Be.Me Service provides functionalities to share information with other users. Please note the Be.Me Service and health assessment cannot detect medical problems. If you develop any new health concerns or symptoms, or a pre-existing medical issue becomes worse, then please seek further medical advice.

By using the Be.Me Service you agree to use the service for the intended information and communication purposes only and not for medical purposes.

We recognise that when you give us personal information (which includes health information) you’re trusting us to take good care of it. Please see https://www.bupa.co.uk/legal-notices for more information about how we collect, use and protect your data.

How you can use the Be.Well Services

The Be.Me Services can be used and accessed via the mobile application or dedicated website portal www.be-me.bupa.co.uk (“Portals”). The questionnaire filled out in the Be.Me Service may be used in conjunction a health assessment service.

Licence

We, or our licensors (including WellPoint), own copyright, trademarks and other intellectual property rights in relation to the app and website portal and the materials and content provided through, or in relation to, the Portals.

We license you to use the Portals, including any materials or content you receive through, or in relation to, the Portals, only in accordance with these terms and conditions. Notwithstanding anything else in these Terms we do not transfer copyright, trademarks and other intellectual property rights in relation to the Portals and the materials and content provided through, or in relation to, the Portals to you.

You may not:

• rent, lease, sub-license, loan, provide, or otherwise make available, the Portals (or any content or materials you receive through, or in relation to, the Portals) in any form, in whole or in part to any person without prior written consent from us. This includes allowing others to use the Portals as though they were you;
• make copies of the Portals, (or any content or materials you receive through, or in relation to, the Portals) except as part of the normal use of the Portals, or where it is necessary for the purpose of back-up or operational security; or
• translate, merge, adapt, vary, alter or modify, the whole or any part of the Portals (or any content or materials you receive through, or in relation to, the Portals), nor permit the Portals (or any content or materials you receive through, or in relation to, the Portals), or any part of them, to be combined with, or become incorporated in, any other programs, except as necessary for the normal use of the Portals;
• disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Portals nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited by these terms and conditions, because they are necessary to decompile the Portals to obtain the information necessary to create an independent program that can be operated with the Portals or with another program.

User Content

You may not permit any other person to use the Portals, and you may not use Portals on any other person’s behalf.

Other Bupa services and terms and conditions

Where you are using the Portal because you have purchased a package of services, such as an insurance policy from us, the terms and conditions of those other services, including the terms of any insurance policy, apply to your use of the Portals.

Where you are using the Portals because your employer (or another third party) has arranged for us to provide services to you, the terms and conditions notified to you by your employer (or the other third party) in respect of those services, apply to your use of the Portals.

In the event of any conflict between any such other terms and conditions and these terms and conditions, the other terms and conditions will apply.

Your use of the Portals, and acceptance of these Terms, does not impact your other terms and conditions with us, or any healthcare plan, in any way. Our providing these Portals to you is in addition to the other services we provide to you and is intended to supplement, not replace, those services. We provide the Portals for free, and may withdraw them at any time and for any reason.

Termination

You may stop using the Be.Me Service at any time. We are also entitled to disable this Service or to modify the functionalities, in our sole discretion, subject to your rights as a registered user.

Notwithstanding the above your right to access and use the Be.Me Service is only for a 12 month period.

Copyright

We or our licensors own copyright in the content of the Be.Me Service. It is published by Bupa and may not be reproduced other than when downloaded and viewed on a single CPU for private use only. Any other storage, copying, transmission or distribution of the content of the Be.Me Service is prohibited without our consent.

Trademark

'Bupa', the HEARTBEAT logo is the registered service marks of The British United Provident Association Limited (‘BUPAL’). Except where specifically stated otherwise BUPAL and/or its licensors are the owners of the copyright and database rights in the site, including content data, design, graphics, text, images, software and underlying source codes. Bupa is the owner of all trademarks, service marks, trade names, logos and devices appearing on the site, whether registered or unregistered, except where specifically stated otherwise.

General Disclaimers

Please note, the information that you provide in the Be.Me Service will give you a statistical view of your health. The review of your profile will only be carried out by a member of the Be.Me team if a Bupa health assessment is undertaken.

If you feel that you may have a potentially urgent or serious physical or mental health issue which is new or existing, then please do not wait - please seek medical advice immediately.

Any goals or challenges set by the user are voluntary in nature and Bupa do not warrant or indemnify the user if they fail to achieve such goals or challenges.

The Be.Me Service is not intended to replace medical advice and nothing in the app should be treated as a medical diagnosis or treatment. You should not disregard the advice of healthcare professionals you have seen in person in favour of the information contained in the app or website portal. In particular, you should never stop taking any medications or receiving surgical or medical services or diagnostic tests prescribed or recommended to you by a doctor based solely on the information contained in the app or the website portal.

If you rely on any Be.Me content or the Be.Me Service, you do so solely at your own risk.

Liability

We shall not be liable to you for any loss or damage you might incur in using the Portals, or the Be.Me Services, provided through it, where that use is contrary to these Terms.

This App is for personal, private use only. We will not be responsible for any economic loss you, or any business you own or carry on, might incur as a result of using the Portals or the Be.Me Services.

Nothing in these terms and conditions limits our liability for personal injury or death caused by our negligence or that of our healthcare professionals or employees, for defective products where we are legally responsible for their supply, and for fraud or fraudulent misrepresentation.

Data Protection

Please read our Privacy Policy to learn about the use of your personal data.

We take your privacy and data protection rights very seriously. We share and/or analyse your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Policy.

Complaints

Should you have any complaints or issues in relation to the Be.Me Services please contact BupaHCC@bupa.com.