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Last updated 1st June 2022
These terms and conditions apply between you, the User, and Simba Health Ltd or its affiliates (collectively, “Simba Health”, “we,” “us,” or “our”) in regards to your use of i) the heyhoku.com and/or other websites (collectively, “Website”) which are owned or operated by us, including any portions thereof available only to subscribers, and (ii) your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Simba Health. The term “Mobile App” shall refer to both the free and paid subscription versions.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our Services. If you do not agree to be bound by these terms and conditions, you should stop using our Services immediately.
In these terms and conditions, User or Users means any third party that accesses our Services and is not either (i) employed by Simba Health and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Simba Health and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use our Services. By using our Services and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
We do not provide professional medical services or advice. The services provided by the Website and/or Mobile App do not contain or constitute, and should not be interpreted as, medical advice or opinion. No doctor-patient relationship is created. Use of the services is not for medical emergencies.
No Doctor-Patient Relationship. Any and all services provided by, in and/or through the Services are for informational purposes only. Simba Health is not a medical professional, and Simba Health does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for a doctor consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Your use of the Services does not create a doctor-patient relationship between you and any of the Simba Health parties (including, without limitation, coaches) or any of Simba Health service users.
You are urged and advised to seek the advice of a doctor or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities, or any other plans that may be referenced, discussed or offered under the Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your doctor before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your doctor, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your doctor, you should follow the advice of your doctor.
Virtual Coaching Service Disclaimer. Through our Services, you may have access to personal coaching services (“Virtual Coaching Service”). If you have access to our Virtual Coaching Service, you will be able to interact with a Coach. A Coach will assist his/her users providing guidance and in developing skills to help them achieve their health related goals. Simba Health may, in its sole discretion, engage or replace any Coach with another without notice to the Virtual Coaching Service users.
The services provided by our Virtual Coaching Service are not medical, mental health or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counselling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from doctors practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Interactions with Coach(es) are designed to provide individuals with education, information and personal support regarding your health-related issues and goals. Your Coach may provide general information about psychological and emotional issues related to health conditions, medical treatments, success stories, and health-related goals in order to help you adhere to a specific regimen prescribed by your doctor. However, Coaches are not allowed to use the Virtual Coaching Service to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any Coach or any other User of the Services be deemed or construed to create a doctor-patient relationship or a fiduciary duty of any kind whatsoever. If Simba Health becomes aware of or suspects any medical or mental conditions or illness, Simba Health may, at its sole discretion, terminate all or any portion of the Services.
You are solely responsible for your interactions with Coach(es) and/or other members when using the Services.
Simba Health expressly disclaims any and all liability that may arise from or in connection with your use of the Services and participation in any other activities offered in the Services, including, without limitation, your interactions with any Coach, facilitator, or sales or customer service representative. You knowingly and freely assume all risk when using our Services.
You are solely responsible for your interactions with other members. You acknowledge and understand that Simba Health is not obligated in any way to (a) screen its members, (b) inquire into the backgrounds of its members, or (c) review or verify the statements of its members, including without limitation information or representations contained in public profiles. You hereby agree to exercise reasonable precaution in all interactions with other members, particularly if you decide to meet another member in person. Simba Health does not represent, warrant, endorse or guarantee the conduct of its members or their compatibility with you.
Simba Health, on behalf of itself and its affiliates and any of its or their respective third-party service providers, licensors and suppliers, hereby disclaims all warranties. The products, offerings, content and materials provided in the Services are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Simba Health, on behalf of itself, and its affiliates and any of its or their respective third-party service providers, licensors and suppliers, disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. Neither Simba Health, any of its affiliates, nor any of its or their respective licensors, licensees, service providers or suppliers warrant that the applications or any function contained in the applications will be uninterrupted or error-free, that defects will be corrected, or that the applications or the servers that make the applications available are free of viruses or other harmful components.
Any product, offering, content and material downloaded or otherwise obtained through the use of the Services is done at your sole risk and you will be solely responsible for any damage to your computer system or devices or loss of data that results from the download of any such product, offering, content or material.
Neither Simba Health, any of our affiliates, nor any of our or their respective licensors, licensees, business customers, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Services in terms of their correctness, accuracy, reliability, or otherwise.
No advice or information, obtained by you from our personnel or through our Services shall create any warranty not expressly provided for in these terms & conditions.
You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Simba Health, its affiliates and any of Simba Health's and its affiliates’ officers, directors, shareholders, employees, agents, affiliates, representatives, sublicensees, successors and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of our Services.
The maximum liability of Simba Health and its affiliates and its or their respective third-party service providers, licensors and suppliers to you under all circumstances for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) shall not exceed the amount paid by you, if any, for accessing our Services. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Simba Health and you. The Services would not be provided without such limitations.
Any cause of action by you arising out of or relating to the Services, or these terms & conditions must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these terms & conditions.
Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Simba Health and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Simba Health Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Services or our products or offerings, (ii) your violation of these Terms & Conditions, (iii) your provision to Simba Health or any of the Indemnified Parties of information or other data, (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defence by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
If you have questions or comments about these Terms & Conditions, please contact us at:
Simba Health Ltd