The General Terms and Conditions Hello Heallth hereinafter referred to as the "General Terms and Conditions HH") govern the relationship between the User of the various Hello Health services (abbreviated "HH Services") and SmartRetail. By consulting Hello Health Services or using them in any way, the User accepts that the General Terms and Conditions HH apply.
The Terms and Conditions, brought to the attention of every User and accepted by them upon activation of an account, continue to apply in full, including any amendments made to them in accordance with the section 'Validity and amendment of the Terms and Conditions' of the General Terms and Conditions. The most recent version can always be found on the platform (accessible at https://www.hellohealth.be/legal/general-terms-and-conditions). In case the Terms and Conditions change, the User will be notified of this. If the User does not agree (or no longer agrees) with the application of one or more of the provisions specified in the General Terms and Conditions, further consultation and/or use of the app will no longer be possible.
Identity of the publisher and administrator of Hello Health
SmartRetail BV with registered office at B-1500 HALLE, Edingensesteenweg 196, VAT number 0640.760.224, RPR Brussels
Customer Service SmartRetail's Hello Health services' Customer Service can be reached by email via firstname.lastname@example.org or by post to Edingensesteenweg 196, 1500 HALLE
User The User is an adult natural person who uses the Hello Health app or consults the my.hellohealth.be portal and makes use of the various applications or programmes provided therein. The User is only permitted to use the Hello Health app and the my.hellohealth.be portal for the purposes provided to this end. Users are natural persons.
HH Programmes These include various health-promoting programmes (such as the Hello Health Tour programme) aimed at providing people with an insight into their lifestyles and advice for a healthier lifestyle. Every programme comprises one or more HH services (see next definition). Data from the my.hellohealth.be portal will be used in the Hello Health app within a programme. In this way, the User receives personalised information in the Hello Health app based on the information collected in the my.hellohealth.be portal.
HH Services These include the various services offered through the Hello Health app, the my.hellohealth.be portal or any other medium SmartRetail uses to make its Hello Health services available now and in the future.
Purpose of the General Terms and Conditions
Through these Terms and Conditions as well as the General Terms and Conditions of all HH Services, SmartRetail aims to provide the User with essential information regarding the rights and obligations when activating the account and when activating and using a Programme.
Responsibilities of the User:
- The use of the HH Services is not permitted for persons under the age of 18.
- The use of the HH Services is only possible if the User is in possession of an activation code to activate them.
- The access code to activate HH Services is personal and may not be passed on to, or used by, another person.
- The User is responsible for maintaining the confidential and personal nature of their account details.
- The User is responsible for correctly completing the requested information.
General Terms and Conditions Hello Health
- Registration: to gain access to the various Hello Health Services, Users must register via the Hello Health app or the my.hellohealth.be portal. On registering, the User is asked to enter their first name, last name and email address. On registering, the User is asked to choose a password. Alternatively, an individual Facebook, Xtra or Apple account can be used to sign in, subject to the terms and conditions applicable in that respect. For the connection between the Hello Health app and the my.hellohealth.be portal, it is essential that the User creates only one account and logs into both platforms with that account. An account is personal and may not be passed on, or used by, any person other than the User. The User only acquires the right to access the app in a personal capacity.
Any commercial use of the app is strictly prohibited. Commercial use shall be understood to mean, amongst others, selling or renting the various features of the app, or using the app and its components for the sole purpose of generating advertising or subscription income, or more generally organising unfair competition or performing acts in breach of fair trade practices with regard to SmartRetail, or marketing or otherwise reusing the content, images or any other material made available by means of the app. This list is not exhaustive.
The User remains solely responsible for the correct use of their account. The User shall indemnify SmartRetail in full for all damages and costs resulting from giving incorrect or incomplete details when managing their account or wrong use/misuse of his/her account.
The User only enjoys a non-exclusive, non-transferable right to access and personal, non-commercial use of the Hello Health app subject to their compliance with the Hello Health General Terms and Conditions.
- Access: After registering, the Users who signed up for a Programme will be able to activate it via an activation code. This code will be sent via an email from the User's employer or Hello Health. Via the Programme the User will be given access to the various HH Services. The use of the services provided on the my.hellohealth.be portal and the Hello Health app is subject to these General Terms and Conditions HH, as well as to any Special Additional Terms and Conditions of specific HH services. For these specific services, the User must also always approve the Special Additional Terms and Conditions of the service in question.
By accepting Special Additional Terms and Conditions of the various services, the data you entered on the my.hellohealth.be portal will be used in the various services and vice versa. To make optimum use of all Hello Health features, we recommend downloading the Hello Health app. Examples of services are the Lifestyle Check, other questionnaires offered within the my.hellohealth.be portal for a specific Hello Health programme, and the Digital Coach (tips, recipes and exercises you see in the Hello Health app based on the lifestyle goals you have chosen).
- Termination: Both SmartRetail BV and the User have the right to have the account for the Hello Health Services deleted at all times, at no cost and subject to a seven calendar days' notice period. The User can do this personally by sending an email to email@example.com or by selecting ‘verwijder mijn account’ (translated: remove my account) in the Hello Health app under the ‘Me’/’Ik’> tab. Customer Service will subsequently remove your account.
Following the deletion of your account, you will no longer have access to the HH Services.
Users can also have their data deleted from each HH Service by sending an email to firstname.lastname@example.org. As a result, the User's personal data of that particular HH Service will be deleted and they will no longer have access to that specific HH Service.
SmartRetail has the right to terminate the operation of an account at any time without prior notice to the User in the event of (a suspicion of) abuse, fraudulent actions or any other unauthorised use of the account in question. Blocking/termination by SmartRetail of an account is also possible without prior notice to the User if it is deemed useful to ensure the security of the system or to safeguard SmartRetail's (financial) interests. The termination of the account by SmartRetail may under no circumstances give rise to a right to damages in favour of the User or a third party.
- Use of the website and app: The User is familiar with the restrictions and risks of the use of the Internet, the Hello Health app or any other medium SmartRetail uses to make its services available now and in the future. The User is also familiar with the risks of digitally or electronically storing and transferring information. The User accepts that SmartRetail is not liable for any damage due to the use of the Hello Health app, its websites or the Internet as a result of the aforementioned risks. SmartRetail cannot be held responsible for the content of websites that are available through links on its website. The mere fact that these links are available on SmartRetail's website/app does not imply approval, acceptance or acknowledgement of (the content of) these other websites/apps at any time. Moreover, it is the User's own responsibility to check whether these websites/apps are free from viruses and other programs or things that may damage their equipment. The User must always consult the applicable terms and conditions and/or disclaimers of these other websites/apps and approve them accordingly.
The User is obliged to regularly check whether the most recent version of the Hello Health app is installed to have the most recent information. Under no circumstances is SmartRetail liable for decisions, of any kind, made by the User based on information obtained via the app.
- SmartRetail's Liability: The General Terms and Conditions, disclaimers and other terms and conditions remain in full force and effect alongside the General Terms and Conditions of the other Hello Health Services.
Although the Hello Health Services exercise due diligence at all times, the information may be incomplete, incorrect, not suitable for a specific situation, or not complete or up-to-date.
Except in case of damage resulting from fraud, malicious intent or gross negligence on the part of SmartRetail, its appointees or assignees, SmartRetail and/or its directors, shareholders, agents and representatives cannot be held liable for any direct, indirect, incidental or consequential damages.
The contractual and extra-contractual liability of SmartRetail and its directors, shareholders, agents and representatives shall be limited at all times to the amounts covered by the liability insurance taken out by SmartRetail. This coverage amounts to a maximum of EUR 20,000.00 per damage claim but is limited to EUR 200,000.00 a year for all damage claims combined.
The previous limitations of liability do not apply to the third-party liability of SmartRetail and its directors, shareholders, agents and representatives in case of decease or bodily injury of the consumer as a result of their actions or negligence.
- Access and use of Hello Health Services: It is strictly prohibited to try to gain access to parts that are not open to the public in any way possible and with any technical means whatsoever. It is also strictly prohibited to modify, adjust, add things to or remove things from the Hello Health Services, in any way possible and with any technical means whatsoever, with the exception of the features and spaces intended for that purpose.
The User undertakes not to perform any act, regardless of the technical means used, that may compromise the proper operation of the Hello Health Services in any way at any time.
- Validity and amendments of the Terms and Conditions: If any provision of the General Terms and Conditions HH is found to be void, invalid, unenforceable or unlawful, the other provisions shall remain in full force. The hiatus that arises in the General Terms and Conditions HH as a result of the void, invalid, unenforceable or unlawful provision shall be handled in accordance with the applicable law by applying a valid provision that approximates the original economic purpose of the Terms and Conditions as closely as possible.
The fact that SmartRetail neglects to demand the strict application of one or more of the stipulations in these Terms and Conditions cannot be considered as a tacit waiver of the rights it has and does not prevent it from demanding the strict observance subsequently.
SmartRetail reserves the right at all times to make amendments to the present Terms and Conditions HH. In case of a change to the General Terms and Conditions HH, the User shall always be informed thereof and be asked to accept them again if he/she wishes to continue to use the tools.
Intellectual property rights: The concept, content, layout, structure, source codes, programming, images, photos, recipes, animations, audiovisual work, texts, data, music and all other components of Hello Health Services are and remain SmartRetail's and its partners' exclusive property and are protected by various intellectual property rights (including copyright, trademark law, software law, design law, patent law, database law, the sui generis law of the manufacturer of a database, and/or other intellectual property rights or exclusive rights), which is acknowledged and accepted by the User. By using Hello Health Services, the User does not acquire any right to it.
The whole or partial reproduction, dissemination, sale, distribution, publication, adjustment and/or use, in any form and in any way, of the Hello Health app and its content are strictly prohibited. Saving any information and/or component of the app in a(n) (electronic) database or otherwise is not permitted. By posting specific data, texts, images or other files online, the User automatically grants SmartRetail permission, free of charge, to reproduce, communicate or otherwise use the content of the post worldwide both in the app and in any other publicity or commercial message. The User warrants to be competent to grant this permission and, for example in case of work protected by copyright, to have the author's consent.
- Inquiries or complaints: The User can first contact Customer Service for questions or complaints. If reconciliation is still not achieved, mediation will be initiated by mutual agreement. If this mediation does not result in a solution, the conflict shall be submitted to the competent courts of Belgium and governed by Belgian law.
If the Customer does not reside in Belgium, they may also turn to the Customer Service first. If the Customer does not find a solution to the conflict there, they may also turn to the European Online Dispute Resolution Platform (http://ec.europa.eu/odr) in their own language for online matters.
- Privacy and protection of personal data: Providing services as described in these General Terms and Conditions requires the collection and processing of the User's personal data. The protection of the User's personal data is of the utmost importance to SmartRetail. SmartRetail therefore makes a point of protecting them as well as possible and always guaranteeing the User's rights when using these data, in accordance with the applicable rules regarding privacy and protection of personal data.
SmartRetail processes the User's personal data for purposes and legal grounds as described in the Privacy Statement. The Privacy Statement can be consulted online or can be requested from the Customer Service. This Privacy Statement may be adjusted from time to time.
The User undertakes to notify Customer service in due time of any change regarding their usual email address, identification and address data to allow SmartRetail to provide a correct service.
- Contradictions: In case of contradiction between these General Terms and Conditions and the Special Additional Conditions of the specific HH Services, the Special Additional Conditions shall prevail over the General Terms and Conditions HH.