Terms and Conditions of Use
- The Services
1.1 What and who these Terms of Use are about – We, Raiys Limited a company registered in England and Wales (Company Number: 11966045) having our registered office at 124 City Road London EC1V 2NX United Kingdom (RAIYS, we or us) provide physical and psychological health and wellbeing information and resources to our users (Services). By registering an account with us, and agreeing to these Terms of Use, you can access the RAIYS website (Portal) to use the resources contained on the Portal for the purposes of you improving your health and wellbeing. You may either purchase our services directly, or we may have entered into an agreement with your employer or a third party acting as (our Client) whereby you are authorised as an employee, worker or contractor of the Client to access the Services which are paid for by the Client. In either case you shall be considered an ‘Authorised User’.
1.2 Your rights – Providing you agree to abide by these Terms of Use, you have a right (on a non-exclusive, non-transferrable basis) to, in your capacity as Authorised User, access the Portal and its Resources and book and attend Sessions.
1.3 Private use of the Portal only – You may access the Portal, use the Resources, and book Sessions for your own private use and must not use the Portal and Sessions for and on behalf of any third party.
1.4 Definitions – The following definitions will apply to the Use of this portal and for the purposes of applying these Terms and Conditions of Use and for any other interaction or service provided by Raiys Limited.
| Raiys, we or Us | Shall mean Raiys Limited including its employees, directors, consultants and suppliers. |
| Approved Practitioner | Is a health and wellbeing specialist who has appropriate qualifications, training and experience to provide the services within a Session that a Authorised User or a Customer has entered into for the purposes of improving health and wellbeing. |
| Authorised User | Is a User of the portal Authorised by a Raiys Client to use the Portal and its resourced for the purposes of improving there health and wellbeing. |
| Client | A client is a third party who has entered into a contractual arrangement with Raiys Limited to provide its health and wellbeing technology to its authorised users. The provision of this technology may be branded as Raiys or white labelled and branded as the Client. All of these Terms and Conditions of Use will apply in both circumstances. |
| Customer | Is a User who has directly paid Raiys Limited or via a Client has paid for the use of the health and wellbeing technology. Each customer will be entitled to 12 months access to the portal from the date of payment being made. |
| Session | Is an online engagement by an Authorised User or Customer where they are provided services by Approved Practitioner who they have entered into an engagement contract directly with. In this circumstance Raiys only provides the technology for the session including its booking and the communications between the parties involved in the Session. |
- Your Account
2.1 You must have an Account – To access the Portal you are required to set up and register an account.
2.2 Account requirements – To set up an Account you must be:
2.2.1 an Authorised User; and
2.2.2 an individual over the age of 16.
2.3 You are responsible for your Account- Where you set up an Account you remain responsible for all actions undertaken through your Account and you must ensure that you keep your account details including your password safe and secure and must not disclose your Account details to any third party or permit any third party (not approved by us) access to the Portal through your Account.
2.4 Tell us of security issues in relation to your Account – In the event you suspect or otherwise become aware of a potential breach of security in relation to your Account you must notify us of such without delay.
2.5 You must not share our customer access code to any person who does not meet our client’s definition of an Authorised User. Where you have purchased our services directly from us you must not share or distribute your personal access password or login credentials. Any breach of this clause may result in your account being suspended without warning and Raiys or our Clients seeking compensation from you for your breach of our terms of use.
- Use of Resources and Sessions
3.1 What to do if there is a medical emergency – The Resources are made available to you to provide assistance and improvement to your physical and mental well-being support. If you think you have a medical emergency, you should call your doctor or the emergency services (as applicable) immediately.
3.2 If you are feeling vulnerable of are considering self-harm or harm to another person as a result of your direct and or indirect actions then our website provides online and telephone contact to our helpline. This helpline is staffed by qualified counsellors who will provide signposting and emergency support. Subject to clause 3.3 of these terms and conditions it is not a free to use counselling service.
3.3 Raiys Limited provides its technology to some clients who white label our product (rename the product), these clients may also have increased functionality where they provide Employee Assistance Programme or Counselling services. These services may be accessed using the Raiys portal including email, webchat and or telephone access. Where these enhanced counselling services are provided then our client’s counselling service will have direct access to communications with the Authorised User and have access to ant transmitted data including email, assessments, webchat and or telephone calls.
3.4 Portal: We do not guarantee that the Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes to access the Portal. You should have in place your own virus protection software.
- Sessions
4.1 Sessions description – Sessions are delivered remotely by an Approved Practitioner and have duration either 30 or 60 minutes per Session.
4.2 Sessions subject to availability – All Sessions are subject to availability.
4.3 Responsibility for Sessions – Although Sessions are provided by Approved Practitioners, we are NOT responsible to you for the Session, The Approved Practitioner is appointed by our client and they are responsible for the quality and content of the session. Raiys will be responsible for the booking and the technology performance during the session subject to the parties having appropriate broadband or Wi-Fi communications, should you have any comments or concerns in relation to a Session or the behaviour of an Approved Practitioner please contact us at hello@Raiys.com.
4.4 Additional information – In relation to the Session, an Approved Practitioner may need to collect additional information from you to provide the Session and to adhere to its professional obligations. Where the Approved Practitioner collects such information, it does so as data controller and will be responsible for its use of such information. If you do not provide any required information, the Approved Practitioner may be unable to provide the Session.
- Requirements
5.1 Things you agree not to do – Except as otherwise set out in these Terms and Conditions of Use or as permitted by any applicable law, you agree not to:
5.1.1 use the Portal or Resources in any way that is illegal, unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
5.1.2 copy any element of the Portal (or any software contained within the Portal) or Resources except where such copying is incidental to normal use of the Portal/Resources (as applicable);
5.1.3 sell, rent, lease, sub-license, loan, translate, merge, adapt, vary, modify or otherwise commercialise any part of the Portal or the Resources;
5.1.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Portal or the Resources;
5.1.5 remove and otherwise use any copyright, trademark or other proprietary rights or notices contained the Portal or the Resources; and
5.1.6 send, knowingly receive, upload, download, use or re-use any material on the Portal which does not comply with the content requirements set out in 6 below.
5.2 Authorised Users requirements whilst using Sessions: In respect of a Session you shall:
5.2.1 be responsible for ensuring and maintaining and securing your network connection to access the Session.
5.2.2 not record the Session (unless otherwise agreed by us);
5.2.3 ensure no other third parties are in attendance (unless otherwise approved by us or the Approved Practitioner); and
5.2.4 not be rude, abusive, intimidating, offensive, aggressive or act in a derogatory manner.
5.3 Consequences for not adhering to obligations – In the event you fail to comply with the obligations in clause 5.1 and 5.2 above or the content requirements in clause 6, we (or an Approved Practitioner on our behalf) reserve the right to suspend access to the Services (including the provision of a Session) or terminate your Account at our discretion. You shall also indemnify us for any loss we suffer because of your failure to comply with clause 5.1 and 5.2 above or the content standards in clause 6.
5.4 Global Access – In compliance with the United Kingdom Government security requirements access to the Raiys portal may be suspended or blocked from some geographical territories or countries. Raiys will try to balance the needs of our Authorised Users, Customers and Clients however we must always comply any United Kingdom Government advice or restrictions.
- Content Requirements
6.1 Content requirements -You confirm that the content you upload to the Portal is:
6.1.1 up to date, true accurate and not misleading;
6.1.2 used and uploaded in compliance with applicable data protection legislation; and
6.1.3 does not breach the confidentiality of any third party.
6.1.4 if you access a Raiys Health kiosk the kiosk will capture your personal health data and will transfer this data including any updates and keep this data within the Authorised User or the Customers personal dashboard.
6.2 What uploaded content should not include – When uploading content to the Portal, you confirm that all such content does not include:
6.2.1 material which infringes the intellectual property rights of third parties;
6.2.2 material which advocates, promotes, incites any third party to commit, or assist any unlawful or criminal act;
6.2.3 hate-related or violent material, or material advocating discrimination;
6.2.4 obscene, excessively profane material or otherwise objectionable material;
6.2.5 material which is unsolicited or includes unauthorised advertising or promotional material or any other form of similar solicitation (spam);
6.2.6 malicious code or material such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or program or similar computer code designed to adversely affect the operation of any computer software or hardware; or
6.2.7 material that violates, encourages, or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
- Intellectual Property Rights
7.1 Intellectual Property in the Portal and Resources belongs to us or our licensors – You acknowledge that all intellectual property rights in the Portal and Resources anywhere in the world belong to us and our licensors and that you have no rights in, or to, the Portal and Resources other than the right to use them in accordance with these Terms and Conditions of Use.
7.2 Downloading and sharing – You may download publicly available Resources for your personal use and agree not to otherwise share the Resources.
- Fees and Payment
8.1 Where a customer seeks to purchase access to the Raiys portal either directly or via a Raiys Client then these terms and conditions will apply. A customer’s a term of use will apply for 12 months from the date payment is made.
8.2 Payment shall be made online and before access is granted except in a case where a “try before you buy” offer has been made. Payment will be inclusive of VAT. In the case where a refund is paid to a customer it will be prorated for the period of use being paid for and deducted from any refund being paid.
8.3 Unless Raiys commit a material breach that means the portal, or the services are unavailable (excluding any planned maintenance or down time) of a period of more than 10% of the time in a rolling 7 days then the Customer will have no right to cancel or seek a refund in whole or in part for their fees paid.
8.4 Currency requirements: Unless otherwise agreed by us in writing all payments must be made in British Pounds. (Sterling)
- Healthcare Disclaimer and Exclusion of Liability
9.1 Our loss to you: If we fail to comply with these Terms of Conditions and Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.
9.2 Raiys provides general health and wellbeing advice that is aimed to support our users successfully achieve their health and wellbeing goals. Raiys will regularly issues healthcare promotion information if a User finds this information unwanted, irrelevant or inappropriate they should delete this information and may unsubscribe from receiving future health and wellbeing information by selecting the “Unsubscribe” function located at the bottom of each promotional advice.
Raiys will always seek to improve our User’s experience and relevance of the information provided and we welcome any feedback from Users using the “Feedback” function at the bottom of each website page.
9.3 Reliance on Information – The information contained in this website is provided for informational purposes only and should not be construed as medical advice on any matter. Our medical advisory board reviews the authenticity and validity of the information provided however if a User is in any doubt about the advice or information provided they should consult their healthcare advisors before proceeding with any activity or recommendation. You should not rely on the information published on this website, the information on this website does not take account of individual circumstances and may not reflect the specific health and wellbeing needs of a User which Raiys is not aware of.
9.4 Do not act or refrain from acting upon this information without seeking professional healthcare advice: you are strongly advised to obtain specific, personal healthcare advice about your case or matter and not to rely on the information or comments in this website.
9.5 Accuracy and Updates – We aim to update our website regularly and may change the content at any time. The material on this website may not reflect the most current health and wellbeing developments, particularly information in our archives. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
9.6 While we make reasonable efforts to keep our information accurate, we assume no responsibility for its accuracy and correctness, or for any consequences of relying on it, howsoever arising.
We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible
9.7 Defective digital content – If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
9.8 Reliance on information – The Portal and its Resources are provided for general information only and are not tailored specifically for your use. Resources do not offer advice on which you should rely. You must obtain specific professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Resources. Although we make reasonable efforts to update the information provided on the Portal and within the Resources, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
9.9 Lived experience content – Where we provide presenters who have shared their lived experience we do not assume that that experience will be the same for every person and the purpose of providing the information is support and on a reasonable endeavours basis.
9.10 Your individual requirements may not be met – The Portal and its Resources have not been developed to meet your individual requirements and we cannot guarantee that the Sessions will provide specific results.
9.11 Delays outside of our control – If our provision of the Portal, the Resources or any Sessions are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
9.12 Extent of liability -These Terms of Use set out the full extent of our obligations and liabilities in respect of your access to the Portal and Resources and the provision of Sessions. Except as expressly stated in these Terms of Use, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the access to the Service which might otherwise be implied into, or incorporated in, these Terms of Use is excluded to the fullest extent permitted by law.
Liability that cannot be excluded -We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- Your Privacy
10.1 How we process your personal data – Under applicable data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.Raiys.com/privacy-policy and it is important that you read that information.
10.2 We may receive or share your data with an Approved Practitioner -You acknowledge and agree that we may share the personal data you provide to us to Approved Practitioners for the following lawful reasons for processing your data:
10.2.1 For the purposes of booking sessions and the reasonable administration of the services that you have chosen to engage in.
10.2.2 For the purpose of receiving access to any helpline services that may impact your mental health, or where you wish to engage with an Approved Practitioner for immediate support.
10.2.3 Where you have completed any Health Assessment and that you have consented to the Approved Practitioner having access to your data.
10,3 If you are an Authorised User of our Portal, we will share anonymised data about you with our Client in order that they can monitor our services and identify how that can use the services and the technology to maximise the health and wellbeing of their Authorised Users. Except for data processed under clause 10.2.1 to 10.2.3 Anonymised data will not include any personal data that can direct identify the Authorised User or Customer
10.4 In any other circumstances where we share your personal data, we will only do so with your prior consent to do so.
10.5 Our use of your feedback – We may collect data in relation to your use of the Sessions, Portal and Resources as well as voluntary feedback you provide from time to time. Where we collect this information, you agree that we may use this information (in an anonymised format) for our internal analysis and to provide reports to our client where our client is to pay for your access to the Services. You can withdraw your consent in relation to this at any time by contacting us.
10.6 We may use your personal data for the purposes of promoting health and wellbeing during your use of the service and after your use of the service for the purposes of promoting health and wellbeing until such times as you request that we cease any further processing of your personal data.
10.7 Sharing in compliance with law- We may share your personal data where required by law.
- Ending your Account
11.1 Terminating your Account – We may terminate or suspend your Account (and access to the Services) on notice:
11.1.1 If your Account is inactive for a period of 12 months.
11.1.2 if you commit or we have reasonable grounds to suspect you have committed a material or persistent breach of these Terms of Use.
11.1.3 on the expiry of your paid for engagement.
11.2 Rights on termination – On termination of your Account for any reason:
11.2.1 all rights granted to you under these Terms of Use shall cease,
11.2.3 you must immediately cease all activities authorised by these Terms of Use.
11.3 Your rights to terminate – You can terminate or disable your Account at any point. Where you do so, you will not have access to the Sessions, Resources or Portal.
- Communication between us
12.1 Updates – We may update the terms of these Terms of Use at any time on notice to you in accordance with this clause 12. Your continued use of the Sessions, Portal and/or Resources following the deemed receipt of such notice shall constitute your acceptance to the terms of these Terms of Use, as varied. If you do not wish to accept the terms of these Terms of Use (as varied) you must immediately stop using and accessing the Portal and your Account on the deemed receipt and service of the notice. We will publish communications where we have made material changes to these Terms and Conditions of Use.
12.2 If we have to contact you, we will do so by email to the address you provided in accordance with your registration, therefore please keep such details up to date.
12.3 Note that any notice given by us or you will be deemed received and properly served 24 hours after it is first posted on the Portal or 24 hours after an email is sent.
12.4 In order to ensure you obtain the benefits of the Portal we will welcome feedback any communication to us using our online Feedback function or by emailing us at hello@raiys.com or telephone us at 0203 954 2536
- Other Important Legal Terms
13.1Our assignment rights – : We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.
13.2Your assignment rights – You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
13.3 Entire agreement – These Terms of Use and any document expressly referred to constitutes the entire agreement between us and supersedes all previous agreements, promises, assurances and understandings between us, relating to its subject matter.
13.4 Non-Waiver – If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
13.5 Severance – Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.6 Governing law and jurisdiction – These Terms of Use, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident outside of England and Wales, you may also bring proceedings in the territory for which you are resident. If you have any additional rights in a jurisdiction outside of England and Wales, nothing in these End User Terms seek to limit or restrict any additional rights you may have.
