These terms of use (“Terms of Use”) are a legal agreement between you and Caterpillar Health Rewards Ltd, a company incorporated in England & Wales (registration number 13104094) whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU, UK (hereafter referred to as “Caterpillar Health”, “we” or “us” as the context may require) for the use of the Caterpillar Health mobile application (“Caterpillar Health App”) and any website operated by Caterpillar Health Rewards (the “Caterpillar Health Website(s)”) including, without limitation, http://caterpillar.health/.

It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting or using the Services, you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you. 

Changes to this Agreement

We reserve the right to, at any time, with or without cause:

change the terms and conditions of this Agreement;

change the Services, including eliminating or discontinuing any feature of the Services; or

deny or terminate your use of and/or access to the Services.

Any changes we make will be effective immediately upon our notice to you of making such changes, which may be given through any means, including but not limited to being made available on the Services, such as posted on our Website. You agree that your continued use of the Services after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Residents of the United Kingdom Only

You hereby affirm that you are a resident of the United Kingdom, who is over the age of 18, as the Services are not intended for anyone who is not a resident of the United Kingdom and anyone under the age of 18. If you are not a UK resident, then you may not use the Services. If you are under 18 years of age, then you may not use the Services.  You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Service Providers Outside of the United Kingdom

Occasionally we might use service providers located outside of the United Kingdom to process and/or store personal information for us.  Please note that personal information in the custody of these service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers are located.

Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of the United Kingdom and further information about how these service providers, collect, use, disclose or store personal information on Caterpillar Health’s behalf.

If you have any questions, or wish to access your personal information, please write to our Privacy Officer at:

Caterpillar Health Rewards Ltd. 

Privacy Officer

20-22 Wenlock Road

 London, England

N1 7GU

Email: help@caterpillar.health

Caterpillar Health Does Not Provide Medical Advice

The Services and the information they provide are not designed to, and do not, provide medical advice. They provide general information for educational purposes only. The contents of the Services are believed to be accurate, but are not guaranteed to be so. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, treatment or lifestyle change. If you think you may have a medical emergency, call your doctor or 999 immediately.

Caterpillar Health does not recommend or endorse any specific tests, healthcare providers, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided directly or indirectly by Caterpillar Health, the Services, links to third-party sites and resources, Services’ users, or other visitors to the Services is solely at your own risk.

Permitted Use of Services and Information

The services made available on, by, or through the Services, which include or may include, without limitation, Caterpillar Health registration, message boards or activities, as well as any information provided on, by, or through the Services or as part of or in connection with the services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without the written consent of Caterpillar Health, no information or any other Caterpillar Health materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.

Caterpillar Health permits you to view and print a reasonable number of copies of pages located on the Services for your personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Caterpillar Health, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any information emanating to/from or in connection with the Services to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of such information. You agree to advise us promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Caterpillar Health or others.

Registration

Access to certain functionalities of the Services will require you to register with and/or provide certain information to us. We reserve the right to decline to provide services to any person for any or no reason. If and when you register with or provide information to Caterpillar Health, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You agree to keep your account registration information up to date at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

Additional Terms for App Store

The following additional terms and conditions apply if you download our App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:

These Terms of Use are between you and Caterpillar Health only, and not with the App Provider;

Your use of our App must comply with the App Provider’s then-current applicable terms and conditions;

Caterpillar Health is solely responsible for the App and the services available thereon. The App Provider has no obligation to provide maintenance and support services with respect to the App;

In the event of any failure of the App to conform with any applicable warranty, you may notify the App Provider who will refund the purchase price for the App (if applicable) and to the extent permitted by law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to failure to conform to any warranty will be the sole responsibility of Caterpillar Health;

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

Caterpillar Health will be responsible, to the extent required under these Terms of Use, for the investigation, defense, settlement, and discharge or any third party intellectual property infringement related to the App or your possession and use of the App;

The App Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof;

You must comply with all applicable third-party terms and conditions when using the App (e.g. you must not be in violation of your wireless data service provider terms of agreement when using the App); and

You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

Postings and Other Submissions

As part of your use of the Services, you may participate in certain posting activities, rating activities, member communications, and/or other public communications and forums. Your participation is voluntary. However, by choosing to post photos, content, or comments; send any messages; submit any ideas, ratings, or feedback; or otherwise participate in any Services, you acknowledge and agree that, subject to our Privacy Policy which can be accessed, any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews, ratings, or content provided by you on the public portion of the Services (collectively, “Content”) may be viewed by the general public. Subject to our Privacy Policy, such Content will not be treated as private, proprietary, or confidential, and you hereby authorize us and our affiliates, licensees, and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, publicly perform, or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be worldwide, royalty-free, perpetual, and irrevocable. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

We welcome and encourage your comments, ideas, suggestions and feedback (collectively, “Feedback”), and you acknowledge and agree that we are free to use the Feedback you submit without any restriction or compensation to you.

Caterpillar Health acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to Caterpillar Health under these terms.

By posting or providing any Content on the Services, you represent and warrant to Caterpillar Health that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement.

You agree not to post or provide any Content that belongs to any person other than yourself, or that contains the name, voice, or likeness of any person other than yourself, or which is otherwise personally identifiable information of such person, unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.

You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post, or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory, or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity, or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness, or timeliness of any Content posted on the Services.

Third-Party Links

The Services may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

Permissions

If you are using the App, in order to enhance your user experience, we will ask you for permission to access and collect information from your mobile device, including but not limited to, step and activity data in order to operate additional functionalities of the Services.

Caterpillar Health Communications

You agree that we may send you communications (via e-mail or through the Services) regarding your use of the Services, and certain features or applications of the Services you may be interested in. To the extent you have provided your express consent evidence by checking the box and option in during the registration process, you consent to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize Caterpillar Health to deliver such communications to you via e-mail or through the Services.

Acceptable Use Policy

You agree not to use the Services to take any action or actions or to post any Content that:

are contrary to Caterpillar Health’s public image, goodwill, or reputation;

infringe on our or any third party’s copyright, patent, trademark, trade-secret or other proprietary rights, or rights of publicity or privacy;

express or imply that any of your statements, activities, or causes are endorsed by us, without our prior written consent in each instance;

violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;

transmit any trade-secret or other material, non-public information about any person, company, or entity without the authorization to do so;

restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;

modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;

remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;

sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content of the Services, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Caterpillar Health or its licensors or suppliers;

use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, authentication, and security measures;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Services’ servers or any data not intended for you; and/or

harvest or collect information about any Services visitors or members without their express consent.

Improper use of the Services may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.

 

Ownership

The Services are owned and operated by Caterpillar Health and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of Caterpillar Health and its licensors and suppliers. The Services are protected by United Kingdom and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by us or, if so indicated in writing by Caterpillar Health, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

The trademarks, logos, and service marks displayed on the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of Caterpillar Health, Caterpillar Health licensors and suppliers, and/or others. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Caterpillar Health, Caterpillar Health’s licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in the following paragraph.

No Use by Children Under 18

You hereby affirm that you are a resident of the United Kingdom over the age of 18, as the Services are not intended for children under 18 who are not residents of the United Kingdom. If you are under 18 years of age, then you may not use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Claims of Copyright Infringement

If at any time you become aware of any content on the Services that you believe infringes your copyright, please report this to us by submitting a notice of claimed infringement. You can submit this notice of claimed infringement to us at help@caterpillar.health, or write to us at:

Caterpillar Health Rewards Ltd. 

Privacy Officer

20-22 Wenlock Road

 London, England

N1 7GU

Email: help@caterpillar.health

Upon receiving your notice of infringement, we will forward this notice to the appropriate individual associated with the infringing content, maintain a record, and inform you of delivering such notice.

Term & Termination

This Agreement is effective from the date on which you first access the Services or submit any information to us, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Caterpillar Health may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Caterpillar Health may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. Upon termination or expiration of this Agreement for any reason, Sections 1, 2, 5, 6, 7, 9, 10, 11 and 13–22 shall survive.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Caterpillar Health to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

Disclaimers

The services, including but not limited to the app and website, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.

There is no warranty, representation, or guarantee that the services, or your use of the services, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the services, or any information, software, or other material accessible from the services, are free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of, the services, either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the services and your reliance thereon.

Caterpillar Health makes no warranty, representation, or guarantee with respect to products and services offered by third parties on the services, and we specifically disclaim any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such products and services, or with respect to the conduct of any third party in connection with such offers or sales.

Limitation of Liability

Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither Caterpillar Health nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the services and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the services or any linked website is to stop using the services, or linked website, as applicable. Neither Caterpillar Health nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives will have any liability to you for any damages, expenses, or other liability incurred by you as a result of (1) any inaccuracy, incompleteness, or misrepresentation of any information, content, postings, or submissions provided or posted on the services by third parties or (2) your purchase of any third-party products or services through the services.

Indemnification

You agree to fully indemnify, defend, and hold Caterpillar Health, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (“Caterpillar Health Rewards Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your negligence or willful misconduct.

Release

If you have a dispute with one or more other users of the Services, you agree to release the Caterpillar Health Rewards Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

Jurisdictional Issues

Caterpillar Health makes no representation that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof are illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The services are operated from the United Kingdom. If you are located outside of the United Kingdom and choose to use the services or provide your information to us, your information will be transferred, processed and stored in accordance with UK privacy laws. UK privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this agreement followed by your submission of information in connection with the services represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the United Kingdom, you should not use the services. Use of the services by users outside of the United Kingdom is at your own risk. You may wish to consult a legal professional in your own jurisdiction about the exact implications of using the Services outside of the United Kingdom.

Dispute Resolution

Caterpillar Health operates from Leeds, England.  These Terms of Use and their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

Regardless of any statute or law to the contrary, any claim in law or equity against us arising out of, or related to, your use of the Services must be filed within one (1) year after such claim arose, or be forever barred.

If you have a dispute with one or more Service users, you hereby agree to release Caterpillar Health from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way related to such disputes.

Personal Information and Privacy

All information provided by to or collected by us in connection with your use of the Services, including information that may identify your (“Personal Information”) will be collected, used and disclosed in accordance with our Privacy Policy, which is incorporated by reference. Our Privacy Policy may be amended or updated from time-to-time, in our sole discretion, and become immediately effective upon our notification to you, which can be in any manner including but not limited to being made available on the Services, such as being posted online. Each time you use our Services, you consent to the collection, use and disclosure of your Personal Information by Caterpillar Health in accordance with our Privacy Policy, as amended.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived, or modified except by us as provided herein or otherwise by written instrument signed by Caterpillar Health. Employees of Caterpillar Health are not authorized to modify the terms of this Agreement, either orally or in writing. If any employee of Caterpillar Health offers to modify this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Caterpillar Health or anyone else purporting to act on Caterpillar Health’s behalf. This Agreement is between you and Caterpillar Health; there are no third-party beneficiaries.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Caterpillar Health may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Caterpillar Health’s national registered agent (in the case of Caterpillar Health) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.