Platform User Terms and Conditions

The website (www.hapibenefits.com) and the Hapi App (together 'the Site') are operated by Personal Management Solutions Limited (PMS), registered office John Ormond House, 899 Silbury Boulevard, Central Milton Keynes MK9 3XL, Company registration number 4232995, registered in England, VAT number 694558479. PMS is authorised and regulated by the Financial Conduct Authority (FCA) as a license credit broker. Registered number 783957. PMS is also an authorised representative (under register number 847649) of Personal Assurance Services Limited (register number 303200) for the purposs of insurance mediation . You can email the Personal Group at info@personal-group.com.

In order to benefit from the use of the Site and the offers/information set out in it You must agree to these terms and conditions. You will enter into a contract with Us to Use the Site under which we will both have the respective rights and obligations set out below.

In these terms and conditions –
• 'the Company' 'We' 'Us' 'Our ' 'Ourselves' and Personal Group refer to Personal Management Solutions Limited and the Personal Group of Companies,
• 'You' and 'Your' mean any person given access to this Site in the section on Site Access, in the sections on e-Vouchers, Reloadable Cards, Gift Cards, and Gift Vouchers, it means any person purchasing any of these products (if these products are made available to Your Site).

These terms and conditions apply to the use of the Site, as well as the purchases made on the Site and/or the services You may access via the Site. The Site does link into third party websites or services and any purchases or agreements You enter on those third party sites will be under separate agreements of those third parties. Additional terms and conditions may apply to any purchases which are made or services provided.

The services and purchases which may be made on or via the Site will depend on the options selected by your employer or sponsoring client. We will provide the Site to You on the terms agreed with Your employer or sponsoring client. Subject to those agreements, the general services provided under the Site to You, and which You agree to, will include a discount platform, notification services and regular updates to You of the Site and its availability. The Site may not always be available, but we will use reasonable endeavours to ensure it is subject to any required maintenance.

It is important that You read the sections of the terms and conditions that apply to You. If You are not making any purchases or using the Transform part of the Site You only need to read the Terms of Use for the Site section. If You are making purchases on the Site or using the Transform part of the Site You should read the applicable terms and conditions as well.

Please note that entering this agreement and using the Site –
• does not affect Your statutory rights;
• some parts of the Site (and transactions) have additional terms and conditions;
• some transactions will take place on other sites, or with other parties, where different terms and conditions will apply.

If You are based outside the UK You will ensure that You are able to use this Site and for Us to process Your data in accordance with UK law. If We cannot You should not use the Site.

Section 1 - Terms of Use for the Site

Intellectual Property Rights

All intellectual property rights in the Site, such as images, graphics, text, logos, databases, trademarks and names and the technology in the Site are reserved to Personal Group Holdings plc or to the relevant owner. No rights are conferred on You or any other person by virtue of these terms and conditions.

You may print a copy of the contents of the pages of this Site that relate to Personal Group for non-commercial use, provided that You keep intact all or any copyright and proprietary notices. Otherwise You may not modify, publish, reproduce, store, utilize or commercially exploit any part of the Site. In particular You are not authorised to use any logo or trademark of any partner of Personal Group whose services or goods are available via the Site.

Ownership of Materials

Unless otherwise stated Personal Group Holdings plc is the owner or licensee of the copyright and any other rights in this Site, its pages, the screens displaying the pages and all information and material contained herein.

You may not reproduce, republish, transmit or distribute this Site in whole or in part without the prior consent of Personal Group Holdings plc.

Password Usage

You will be allocated a login and password to use the Site. You agree to access the Site only using Your own login and password. You agree to keep these confidential to prevent unauthorised access to the Site and Your own account. You will inform Us immediately if You know or suspect that Your login or password is no longer secure. Failure to comply may result in access being revoked, suspended or a new password being issued.

You are responsible for the Use of Your login and password. If Your misuse or negligent use of Your login and/or password causes Us (or any other person) any loss You agree to reimburse those losses.

We have the right to disable any code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these terms and conditions.

Household Member’s Terms (If ‘Household Member Invite’ is available)

If You have access to the Site because You have been invited to access the Site as a household member all the above terms of use apply, with the addition of:
If the employee’s employment has been terminated or the person benefiting directly from a sponsoring client ceases to be entitled to benefit, You will also no longer be entitled to use the Site. The primary user also has the right to cancel Your site registration at any time.

General

If You cease to be employed by Your employer or You are no longer eligible to use the Site via Your sponsor (or Your household member ceases to be so entitled) then You will no longer be entitled to use this Site and agree to stop using it.

If any of these terms and conditions are found to be unlawful or unenforceable they shall be deleted to the extent required to remove such illegality or unenforceable element and the remaining terms and conditions unaffected.

Any failure to exercise or delay in exercising a right or remedy by Us shall not prevent Us from taking further action on any subsequent occasion.

We make no promise that materials on the Site are appropriate or available for use outside the United Kingdom and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If You choose to use this Site from locations outside the United Kingdom, You do so on Your own initiative and are responsible for compliance with local laws.

You agree to use the Site on the basis it was designed for use by individual consumers. In particular (without being limited) You agree not to attempt to disassemble, decompile, reverse-engineer, create derivative works or attempt to fraudulently access any part of or service available on the Site.

You agree not to use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site, any service or any operating system. In any circumstance where We detect suspicious activity or potentially fraudulent activity, We have the right to immediately suspend access to the Site.

You agree not to make any purchases from the site other than for Your own personal use and in particular that You shall not use the Site as part of any commercial activity undertaken by You or in which You participate. We may limit any transactions and cancel any purchases which appear to Us to be part of a commercial arrangement. You are not permitted and agree not to sell on any goods, services, vouchers or anything purchased via the Site.

We shall not be responsible for any breach of any term caused by circumstances beyond Our reasonable control.

Use of Your personal information is set out in our Privacy Policy.

We advise You never to enter Your password for the Site, bank card or bank account details into an email. We will never solicit such information from customers by email.

We cannot be held responsible in the unlikely event of Phishing by any third party.

Phishing refers to an email that attempts to fraudulently acquire personal information from you, such as your password and/or credit card information. On the surface, the email may appear to be from a legitimate company or individual, but it's not.

If You are concerned that Your hapi password has been compromised then please contact the Customer Support Team on 0333 400 0844 or for any concerns over your bank details, please contact Your bank or card provider immediately.

If e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers are made available to You, any bank cards You use to make a purchase on this Site must be registered at Your home address that We have for You (Household Member's bank cards must also be registered at the same address as the employee).

If a reward and recognition scheme is made available to you by your employer on the Site you must note that financial awards may be subject to taxation.  We are not responsible for the payment of any taxation and this must be resolved by you and your employer.

If a reward and recognition account is closed and funds are still available there is no entitlement to recover the remaining sums.

Nothing in these terms of use shall operate to confer any right or benefit on any third party.

If We are in breach of these terms of use, We will only be responsible for any actual losses that You suffer as a result to the extent that they are a foreseeable consequence to both of us at the time You use the Site and are not excluded under the terms of use. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption and consequential loss.

We do not exclude any liability for death, personal injury or fraud. Any other losses are excluded to the fullest extent permitted by law.

These terms and conditions shall be governed by and construed in accordance with laws of England and Wales.

Section 2 - e-Voucher, Reloadable Card, Gift Card, and Gift Voucher Terms & Conditions (If these products are made available)

If the Site provides access to e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers to be used to purchase goods and services from retailers, which are intended to provide You with access to discounts, this section will apply. We do not provide any advice on the levels of discount offered and particularly whether other discounts are available elsewhere. The e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers are provided by the supplier of the goods and/or services which may be purchased with them. Each e-Voucher, Reloadable Card, Gift Card, or Gift Voucher may have its own terms and conditions and You agree to be bound by these.

Personal Management Solutions Limited act as the agent for the supplier who agrees to redeem the e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers, and the sale of these products are subject to the terms and conditions of the supplier which shall take precedence over all other terms and conditions. These terms and conditions apply to Your dealings with Us and You must read the additional terms and conditions provided by the supplier of the e-Voucher, Reloadable Card, Gift Card, or Gift Voucher to ensure You understand any limits on the terms of the use of the product. You agree that We are not responsible for the terms and conditions provided by the supplier which You agree to.

You agree that You shall not resell any e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers.

Purchasing an e-Voucher, Reloadable Card, Gift Card, or Gift Voucher

The Site will display e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers that are available. The available e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers are subject to change and restrictions provided by the suppliers. We are not bound to provide any e-Voucher, Reloadable Card, Gift Card, or Gift Voucher displayed, although We will endeavour to do so. You will not be charged for an e-Voucher, Reloadable Card, Gift Card, or Gift Voucher We do not or cannot provide.

You may select the product You wish to purchase from the available e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers on the Site. In order to purchase the e-Voucher, Reloadable Card, Gift Card, or Gift Voucher, You will confirm the amounts You wish to spend and provide the details of Your chosen payment method. It is Your responsibility to ensure that the amount You wish to spend is correct as refunds are only available once a transaction is complete if the supplier will allow this. If You have provided details of Your preferred payment card already You will not need to provide it again. Details of the cards You may use and how We store Your details are set out below.

When You have completed the transaction details You will confirm Your purchase on the Site. At that point We will confirm Your purchase if the e-Voucher, Reloadable Card, Gift Card, or Gift Voucher requested is available and (via our fulfilment service) arrange for You to be provided with the details of how to access Your chosen e-Voucher, Reloadable Card, Gift Card, or Gift Voucher.

We only offer e-Vouchers to a closed group, therefore You will be unable to send e-Vouchers to additional email addresses, other than the one that You registered on the site.

Once purchased, e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers cannot be used for resale.

e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers

e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers supplied via Personal Management Solutions Limited cannot be exchanged for cash. The terms and conditions for redeeming each e-Voucher, Reloadable Card, Gift Card, or Gift Voucher are specified by the supplier and may vary between suppliers. When issuing change via e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers, if You do not spend the full amount, the balance simply stays on Your product to use another time.

e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers which are defaced, altered or cancelled will not be accepted in shops.

We reserve the right to change the range of e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers We offer at any time, without prior notification. We take no responsibility for any changes to the Terms and Conditions relating to each individual e-Voucher, Reloadable Card, Gift Card, or Gift Voucher; these are controlled by the supplier of the product.

Online and in store transactions with e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers will be dependent on individual retailers, along with maximum and minimum load and spend values. We are not responsible for these matters.

You will refer to the individual e-Voucher, Reloadable Card, Gift Card, or Gift Voucher terms and conditions, and refer to the product email for any retailer specific terms and conditions and expiry dates. You agree to read these terms and conditions prior to Your purchase of an e-Voucher, Reloadable Card, Gift Card, or Gift Voucher.

Credit/Debit Card Information

All e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers must be purchased using the UK credit or debit cards. A list of accepted cards are below:

Visa Debit; Visa Credit; Visa Electron; MasterCard Debit; MasterCard Credit; Maestro.

Some card types may not be accepted, and this will be confirmed at point of registration.

You are able to register a card on the Site. When You register a card on the Site it will be recorded to use with the purchase of e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers.

Card services are provided by carefully selected third parties to ensure the high level of security We require. When making a purchase You agree to this processing on Our behalf. Currently We use Sage Pay exclusively.

You can register a new card or update a card that has expired by clicking on ‘My Account’ on the Site. You can register a new payment card at any time but cannot change the card associated with a given order once You have checked out.

Customer Service

At point of order, You will be shown the email address used for delivery, as confirmation. This will be Your email address given at registration, which You have the option to edit in ‘My Account’. If there has been an email failure or an issue with payment details, You will be notified. If the e-Voucher has not arrived, please allow 2 hours, then contact Our Customer Support Team either by phone on 0333 400 0844 or by sending a support request email in the ‘Support’ section of the Site. Office hours are Monday – Friday 8.30am – 5.30pm. If a support ticket is sent outside of office hours it will be processed the next working day.

Refund / Returns Policy

Under no circumstances shall Personal Management Solutions Limited allow or accept the return of e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers provided to You. You agree that the provision of the redemption details for the e-Voucher, Reloadable Card, Gift Card, or Gift Voucher is delivery of the goods requested and at that point no cancellation rights shall be maintained. The terms of purchase from the provider of the e-Voucher, Reloadable Card, Gift Card, or Gift Voucher may allow a refund and the providers terms and conditions will confirm this.

You consent to the supply of the e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers prior to the end of any cancellation period which may apply and acknowledge that the 14 day statutory cancellation period will end on the supply.

User responsibility

The terms of use of this Site confirm that You are responsible for the misuse of any login or password details. If You allow any other person to use Your login or password You shall be fully liable to meet the costs of any e-Voucher, Reloadable Card, Gift Card, or Gift Voucher purchased. Your agreement not to misuse the login and password mean that You may have to meet the costs We incur if Your negligence allows anyone else to purchase e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers improperly.

Liability

If We are in breach of these terms and conditions, We will only be responsible for any actual losses that You suffer as a result to the extent that they are a foreseeable consequence to both of us and are not excluded. Our liability shall not in any event include losses such as lost data, lost profits or business interruption and consequential loss.

We do not exclude any liability for death, personal injury or fraud. Any other losses are excluded to the fullest extent permitted by law.

Personal Management Solutions Limited can take no liability for any lost, stolen or damaged e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers once responsibility of ownership has passed to You. The responsibility passes to You at time of delivery.

In the event that any one such product or company in Our range is placed in either administration or receivership there is no obligation on Us to replace or exchange any previously issued, unspent e-Vouchers, Reloadable Cards, Gift Cards, or Gift Vouchers.

Personal Information

Any information You provide to Us purchasing an e-Voucher, Reloadable Card, Gift Card, or Gift Voucher is held by us under Our Privacy Policy. In order to process and fulfil Your order we will provide information to third parties.

General

Complaints

If You have a complaint regarding the site or services provided on the site, please send Us a ‘Support Request’ in the 'Support' section of the site and our support team will review Your complaint and respond to You within 3 business days.

An Online Dispute Resolution platform has been created to allow You online access to Alternative Dispute Resolution, You can access this here.

 

Section 3 – TRANSFORM

Transform is a service which employers or sponsoring clients may select as part of their platform.  Where Transform has been selected and/or is available on the platform these terms and conditions will apply.

Transform is made available to provide assistance with the health and wellbeing of users generally it is not tailored for any individual user and you should not use it on that basis.  You are responsible for your activity and should ensure that you understand the potential risks to you of undertaking any activity or using any information.

Please note that following any of the physical exercise workouts, routines and programmes in Transform or elsewhere on our platform, or replicating any of the activities shown may involve strenuous physical movement which carries the risk of injury.

You are responsible for exercising only within your own physical limits. Not all exercises are suitable for everyone. If you feel pain, discomfort, or dizziness do not continue. It is advised that you seek medical advice before embarking upon a new exercise regime, including the use of any recommended gym or other fitness equipment shown in any of the content.

Although all content is provided with your health and safety in mind, it is critical that you follow all health and safety and other instructions provided, and that you take appropriate medical advice before following any of the physical exercise workouts, routines or activities shown. This is particularly important if you have pre-existing physical or underlying medical conditions, if you are prone to injury, or if you are pregnant or breastfeeding.

Nothing contained within any workouts, or the information provided should be construed as any form of medical advice or diagnosis. No doctor-patient relationship is created as a result of you viewing any of our content.

A warmup is essential to any work out in helping to lubricate your joints and raise your core body temperature, so reducing your risk of injury. For these reasons, we strongly recommend you never skip this element of a workout session.

For obvious reasons, it’s best not to perform your workouts directly after eating.

Always complete the cool down at the end of each workout to avoid possible dizziness due to blood pooling in your muscles.

You may feel soreness in your muscles in the 24-48 hours following a workout but rest assured this is a positive sign, confirming you have worked your body hard enough to produce the microscopic changes that will lead to you becoming slimmer and firmer.

ADDITIONAL SAFETY GUIDELINES – EQUIPMENT

Always ensure that you use any recommended gym or other fitness equipment shown in any of the content correctly and in line with manufacturers’ instructions and other safety guidelines. Always check the equipment is in safe usable condition before use.

ADDITIONAL SAFETY GUIDELINES – MUMMAFIT & MUMMAFIT TO BE

All users who use MummaFit (the pre-natal and post-natal programme) MUST ensure that they read the below safety and intensity guidelines before starting the programme. This is really important information so make sure you have read through this and viewed the intro videos thoroughly. Check with your GP or midwife that it’s OK for you to Exercise. Exercise in a well-ventilated area. Whilst this programme can be done barefoot, it’s important to always feel supported, Consider the space and floor you are exercising on and whether training shoes may be more appropriate for you. Make sure you are on a non- slip surface; a yoga mat is ideal. Where comfortable clothing to exercise in and that has layers, enabling you to remove or put on garments so that you can keep your temperature regulated. You’ll need a mat, but you don’t need any other formal exercise equipment. You do need some cushions and a towel and also a pile of books that you can sit on! Drink plenty of water before during and after your workouts Eat a meal at least 2 hours before. If your last meal was longer ago, eat an energy snack just before you train such as an energy bar, banana or fruit juice.

STOP EXERCISING IF YOU GET: Get any vaginal bleeding, severe headaches, sudden water discharge, feel faint or dizzy, calf pain or swelling, chest pain or breathlessness from which you can’t recover, any signs of labour or decreased foetal movement.

ABOUT INTENSITY It’s important that you work out at a level where you can comfortably talk throughout. All research shows that this more moderate level of activity done on a regular basis (3 - 5 x week) gives you great benefits.

LISTEN TO YOUR BODY at all times. If you feel any discomfort or pain, stop what you are doing and readjust. If the pain continues, stop, and seek further advice before you continue.

PARTICIPATION OF CHILDREN

Our platform and fitness content is not designed for (and is not suitable for) viewing or use by children under the age of 16, unless specifically stated otherwise by means of an age-appropriate warnings. Where specific content is specified for viewing and use by children, it is essential for health and safety purposes that this is closely supervised by a parent or responsible adult at all times.

RESULTS VARY

The results you will achieve as a result of following any physical exercise workouts, routines or programs will vary. A combination of exercise and suitable diet are required to achieve and maintain desired results such as weight loss and muscle definition. The results shown in any of our productions may have been achieved by using a combination of other work-out and fitness programmes as well as those shown.

MOOD DATA

Transform allows you to provide data in relation to your mood. This is treated as health data and is managed in accordance with our privacy policy. You will consent to our using this data when providing it to us. We may share annonymised data with your employer or sponsoring client but will not share your personal data with them.

hapi version 7.14 March 29, 2023. This site is operated by Personal Management Solutions Limited a subsidiary of Personal Group Holdings Plc. Personal Group, is a trading style of Personal Group Holdings Plc, John Ormond House, 899 Silbury Boulevard, Central Milton Keynes MK9 3XL. Tel: 0333 400 0844, Fax: 01908 201711. Registered number 4232995.