Terms and Conditions

These Terms and Conditions (the “Terms”) are the legal contracts between you and Clever Health Clever Supermarket Powered by Clever Health Ltd (“we,” “us” or “our”), concerning your access and use of the Clever Health Clever Supermarket Powered by Clever Health Ltd website (the “Site”), products and other services owned, managed and operated by Clever Health Clever Supermarket Powered by Clever Health Ltd to the maximum extent applicable (collectively referred to as the “Service”). Kindly read these Terms and Conditions carefully. Periodically, we may make some necessary changes to the Terms of this contract. By accessing the Site or using the Services, you accept and consent to these Terms and Conditions, and you agree to any revision or modifications we may make to the contract. It is your sole responsibility to review the current or the most recent edition of the Terms and Conditions to keep in touch with the changes made. If you do not consent to any provision of these Terms and Conditions, you are not allowed to use the Service. Hence, you should discontinue your use of the Service. Please be informed that Clever Health Clever Supermarket Powered by Clever Health Ltd may possess a working financial relationship with other businesses mentioned on our Service. Clever Health Clever Supermarket Powered by Clever Health Ltd may be rewarded if customers decide to access some of the links presented in the content of the Site and thus generate sales for the business above.

LIMITED LICENSE AND COPYRIGHT

The Service, all information, content, resources and materials offered on the Service, including without limitation, the Creative Health logo, designs, document, text, document, software, applications, graphics, sound files, videos, other files, the selection, pattern and arrangement thereof (jointly referred to as “Content”), are and remains the proprietary property of Clever Health Clever Supermarket Powered by Clever Health Ltd and its suppliers and licensors and are protected by international copyright laws. If you comply with the provisions of these Terms and Conditions, Clever Health Clever Supermarket Powered by Clever Health Ltd grants you a personal, limited, non-transferable, revocable, and non-exclusive license to access the Service and to copy electronically (unless restricted without a license) and print a hard copy of the Content strictly for personal, non-commercial uses only. The Service is intended for your personal use only. This license is revocable at any time. Except as exclusively defined in these Terms, or as may be explicitly permitted by relevant law, under no circumstances shall you permit or authorize third parties to: i.modify, reproduce, improve, convert, translate, disassemble, decompile, reverse engineer, or generate derivative works of the Service; ii.lease, rent, or sublicense your access to the Service; nor iii.bypass or deactivate any technological or security measures of features of the Service.

ACCOUNT CREATION AND REGISTRATION

You may create or register for an account to gain access to resources and features, which includes the creation of a personalized shopping list. When you create an account, you consent to: i.submit accurate, complete and correct information about yourself as may be requested by the registration forms made available on the Site (“Registration Information”); ii.maintain the strict confidentiality of any passwords, username or other credentials you choose or that are offered to you for your use on the Service; and iii.secure and diligently update your Registration Information, and any other personal information you submitted to Clever Health Clever Supermarket Powered by Clever Health Ltd, and to keep all such information current, accurate and complete. You consent to notify us promptly in case of any unauthorized access or use of your account or any other violation of the security.

RESTRICTION OF USE

You will not: i.use the Service for any commercial reason; ii.monitor, access or copy any information or content offered on the Service using automated means such as spider, robot, scraper or any manual process without our prior written permission; iii.breach the limitations in any robot exclusion headers on the Service or circumvent other means to limit or prevent access to the Service; iv.take any action that may impose, or that imposes a considerably or disproportionately large load (in our discretion) on our facility or infrastructure; v.deep-link to any aspect of the Service- including without limitation, the direct link to a particular store, product or price for any purpose whatsoever without our prior written permission; vi.“mirror,” “frame” or incorporate any part of the Service into any other product or website without our express written authorization; or vii.knowingly or unknowingly compromise any relevant local, state, national or international law, statute or regulation.

INTERACTIVE SERVICE

The Service may contain interactive tools, including social media networking faculty, platforms, forums, review or ratings sections and any other similar functionalities, through which you or third parties may send messages to customers or Service users, create, post or store profile information, prices, pictures, reviews or ratings, and other Content on the Service (collectively referred to as “Interactive Service”). You are exclusively responsible for your access and use of the Interactive Services. You use such at your own risk. By using any of the Interactive Services, you consent not to post, distribute, transmit, disseminate or otherwise upload via the Service any of the following: materials that are inappropriate, defamatory, libellous, pornographic, obscene, indecent, lewd, harassing, suggestive, threatening and invasive of individual’s privacy rights, inflammatory, abusive or fraudulent; materials that breaches or that causes Clever Health Clever Supermarket Powered by Clever Health Ltd or its subsidiaries or affiliates to breach any relevant law, order or regulation of any governmental agency in any jurisdiction; materials that violate, or that may violate any trademark, patent, trade secret, copyright o any other intellectual or proprietary rights of any party, or that you do not have the right to make available; confidential or private information of an entity or person, including but not limited to phone numbers, addresses, e-mail addresses, credit card information, Social Security numbers, any trade secrets or information for which you must maintain the confidentiality or material that impersonates an entity or person; materials that include or contains any advertising or fund raiser program, including without limitation, links to commercial services or products or any political campaign (unless in the aspect of the Service that expressly permits the use of such material); material that, in our exclusive discretion is considered objectionable, inhibits or restricts any entity or person from accessing or using any Interactive Services or other sections of the Service, or that which may likely expose Clever Health Clever Supermarket Powered by Clever Health Ltd or its customers to harm or liability of any kind; comments directed to persons below 18 years of age; personal information about any customer/user; or corrupted data, viruses or other disruptive, harmful or destructive files; Clever Health Clever Supermarket Powered by Clever Health Ltd assumes or accepts no liability for any material posted, uploaded or stored by you or any third party, or for any damage or loss thereto. Although we do not have an obligation to preview, screen, monitor or edit any material posted or broadcasted through the Service, Clever Health Clever Supermarket Powered by Clever Health Ltd reserves the right in its absolute discretion, to preview, screen, monitor and edit material posted, transmitted or stored on or through the Service at any time and for any given reason with or without prior notice. If you post material on or via the Service, then, except Clever Health Clever Supermarket Powered by Clever Health Ltd signifies otherwise, you i.grant Clever Health Clever Supermarket Powered by Clever Health Ltd and its affiliates and subsidiaries a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, convert, create derivative works from, distribute, perform, and publicly display such material throughout the world in any media and in any form; ii.grant Clever Health Clever Supermarket Powered by Clever Health Ltd and its subsidiaries, affiliates, and sublicensees the permission to use the name that you submit in connection with such material if they choose; and iii.warrant and represent that you possess and control all the applicable rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of the material you supply does not breach these Terms, will not infringe on any rights of or cause injury to any entity or person, and will not otherwise lead to any liability or harm of any kind for Clever Health Clever Supermarket Powered by Clever Health Ltd or for third parties.

SUBMISSIONS

You acknowledge and accept that any materials, including but not limited to comments, suggestions, prices, ideas, or other information provided by you through e-mail or other submissions you made to Clever Health Clever Supermarket Powered by Clever Health Ltd (apart from the material you post on the Service that is in compliance with these Terms), are non-confidential and shall become the exclusive property of Clever Health Clever Supermarket Powered by Clever Health Ltd. As such, Clever Health Clever Supermarket Powered by Clever Health Ltd will possess exclusive rights, including the intellectual property rights, and shall be entitled to the unlimited access, use and dissemination of such material for any purpose (commercial or otherwise), without any acknowledgment or compensation to you.

INFRINGER POLICY

In strict adherence to the Digital Millennium Copyright Act (DMCA) and other relevant law, Clever Health Clever Supermarket Powered by Clever Health Ltd possesses a policy of terminating, in appropriate circumstances and at our exclusive discretion, customers or account holders who are considered to be repeated infringers or violators. Clever Health Clever Supermarket Powered by Clever Health Ltd may also, at its exclusive discretion restrict access to the Service to any customer and/or to terminate the account of any user who breaches the intellectual property rights of others, whether or not there is an occurrence of the repeated infringement. If you believe that any Content on the Service breaches on any copyright that you own or control, you may file a notice of infringement with our designated agent. Clever Health Clever Supermarket Powered by Clever Health Ltd may send notice of a claim of copyright infringement to customers of the Service through the means of a general notice on the Service, direct e-mail to users, or through written communication sent through first class mail to the address which the customer submits.

THIRD-PARTY CONTENT

The Site or the Service may include links to web pages and content owned and controlled by third parties (known as “Third-Party Content”) as a service to those interested in this information. Clever Health Clever Supermarket Powered by Clever Health Ltd does not endorse, approve, monitor, or adopt, or exercise any control over any Third-Party Content. Clever Health Clever Supermarket Powered by Clever Health Ltd accepts no responsibility to update, modify or review any Third Party Content and we make no guarantee as to the accuracy or completeness. Furthermore, if you follow a link or otherwise navigate away from the Service, please be informed that these Terms will no longer apply on such website and service. You should review accordingly the applicable terms and policies, including privacy and data gathering practices, of any website or Third-Party Content to which you navigate from the Service. Your access and use Third-Party Content at your own risk only. The Service may contain promotions and advertisements from third parties. Your business relationships or correspondence with, or engagement in promotions of, advertisers other than Clever Health Clever Supermarket Powered by Clever Health Ltd, and any terms, conditions, representations or warranties associated with such relations, are solely between you and the particular third party.

INDEMNIFICATION

You accept and agree to hold harmless, defend and indemnify Clever Health Clever Supermarket Powered by Clever Health Ltd, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, suppliers and licensors from and against any claims, costs, expenses, damages and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or due to your use of the Service, your breach of these Terms and Conditions, or your breach of any rights of a third party.

DISCLAIMERS OF WARRANTIES

Your access to the site and your use of the service, including, but not limited, your use of any content offered via the site, products, and your interactions and engagements with any service users, is at your sole risk. the service, and the content offered on and via the site or service are offered on an “as is” and “as available” basis with no warranties whatsoever. clever health Clever Supermarket Powered by Clever Health Ltd and its licensors and suppliers expressly disclaim all representations and warranties of any kind, whether implied or express, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. clever health Clever Supermarket Powered by Clever Health Ltd does not guarantee uninterrupted use or operation of the site and service or your access to any content. no information or advice, whether written or oral, gotten by you from the service will be construed as any warranty regarding clever health Clever Supermarket Powered by Clever Health Ltd that is not exclusively stated in these terms and conditions. some jurisdictions may prohibit a disclaimer of warranties, and you may possess other rights that varies from one jurisdiction to the other.

LIMITATION OF LIABILITY

Neither basket nor its licensors or suppliers will be responsible for any indirect, direct, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, bonuses, goodwill, use, data, or other intangible losses (even if clever health Clever Supermarket Powered by Clever Health Ltd or any licensor or supplier has been advised or warned of the possible occurrence of these damages), arising out of or as a result of your access to or use of, or your inability to access or use, the service or any content therein. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to such. the maximum liability of clever health Clever Supermarket Powered by Clever Health Ltd and its licensors and suppliers to you for all claims under these terms and conditions, whether in contract, tort, or otherwise, shall not be above the amount paid for using this service. each provision of these terms that covers for a limitation of liability, disclaimer of warranties, or exclusion of damages is to share the risks under these terms between the parties. this sharing is a basic element of the bargain between the parties. each of these provisions is severable and independent of all other provision of these terms. the limitations in this section will apply even if any limited remedy fails of its intended purpose.

ACCESS RESTRICTIONS

Without regard for any provision of these Terms and Conditions, Clever Health Clever Supermarket Powered by Clever Health Ltd reserves the right, without any prior notification and its sole discretion, to cancel or terminate your license to use the Service and to restrict, limit, block and prevent your continued access to, and use of the Service. Furthermore, Clever Supermarket Powered by Clever Health Ltd retains the right to discontinue, modify and limit permanently or temporarily, all or part of the Service without any prior notice. Neither Clever Supermarket Powered by Clever Health Ltd nor its licensors or suppliers will be accountable to you or any third party for any discontinuance, modification or limitation of the Service.

ACCEPTANCE OF ELECTRONIC COMMUNICATIONS

By accessing the Site and using the Service, you accept and consent to receive electronic communications from Clever Supermarket Powered by Clever Health Ltd. These communications may be related to notices about your account and information pertaining to the Service. You consent that any notices, disclosures, agreements or other communications that Clever Supermarket Powered by Clever Health Ltd sends to you electronically will meet up with any applicable legal communication provisions, including that such communications be in writing.

GOVERNING LAW

The laws of Southbank, London govern these Terms and Conditions. Any dispute, controversy or claim arising as a result of or in connection to the Service or these Terms and Conditions must be initiated within a year after the dispute arose and will be resolved by binding arbitration according to the commercial arbitration guidelines provided by the appropriate governmental body. Any such dispute or claim will be considered and resolved on an individual basis, and will not be incorporated in any arbitration with any dispute or claim of another person or entity. The arbitration hearing will be conducted in Southbank, and the judgment given on the arbitration suit may be achieved in any court of competent jurisdiction. The verdict of the arbitrator will be final and binding on all parties involved without review or appeal except as permitted by the law. Either of the parties involved may seek preliminary or interim injunctive relief from any court of competent jurisdiction, as required to protect the party’s property or rights pending the conclusion of the arbitration hearing.

United Kingdom

john@mycleverhealth.com

+