This legal notice applies to the entire contents of the Website under the domain name www.evergreen-life.co.uk (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Evergreen Health Solutions Limited, a company registered in England and Wales under company number 09484935 and having its registered office at The Edge Business Centre, Clowes Street, Manchester, M3 5NA. (“Us”, “We” or “Our”). For your convenience, we have listed below some general information about ourselves:
- Our e-mail address is firstname.lastname@example.org
- Our VAT number is 211 8388 18
- You may access most areas of our Website without registering your details with us. Certain areas of the Website are only open to you if you register.
- By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
- We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
- You are permitted to print and download extracts from our Website for your own personal use on the following basis:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the corresponding text; and
- our copyright and trade mark notices and this permission notice appear in all copies.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on our Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
- Subject to clause 1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
- You are permitted to print and download extracts from our Website for your own personal use on the following basis:
- Whilst we endeavours to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
- Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor material and conduct
- You are prohibited from posting or transmitting to or from our Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse our Website (including, without limitation, by hacking).
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 2 or clause 4.3.
Links to and from other websites
- Links to third party websites on our Website are provided solely for your convenience. If you use these links, you leave our Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk.
- If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Evergreen Life logo;
- you do not create a frame or any other browser or border environment around our Website;
- you do not in any way imply that we endorse any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any Evergreen Life trade marks displayed on our Website without express written permission from us;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in clause 2 for breach of these terms and to take any action it deems appropriate.
- You shall fully indemnify us for any loss or damage suffered by us for breach of clause 2.
- Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
- Responsibility for the security of any passwords issued rests with you.
- Whilst we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy and completeness of the material on our Website. We may make changes to the material on our Website, or to the products and prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update such material.
- The material on our Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with access to our Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to our Website.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering our Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our Website in any way or in connection with the use, inability to use or the results of use of our Website, any websites linked to our Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our Website or your downloading of any material from our Website or any websites linked to our Website.
- Nothing in this legal notice shall exclude or limit our liability for:
- death or personal injury caused by negligence; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
- If your use of material on our Website results in the need for servicing, repair or correction of equipment, software or data, you agree to be responsible for all such costs.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts. Issue Date: 21.12.2015
Using the Evergreen Life software indicates that you accept these terms regardless of whether or not you choose to register with us.
Evergreen Life is not responsible for the accuracy, quality and use of information which can be accessed and viewed by a User of the Evergreen Life software. Evergreen Life excludes all liability to the Licensee – in most cases your GP Practice – (and any and all third parties) who may view information using the Evergreen Life software in respect of all damage howsoever caused (except for death and physical injury directly arising from correct use of the software) by (i) software loaded by Evergreen Life thereon, (ii) viewing any information which may be accessed and viewed using the Evergreen Life software and (iii) any other cause whether direct or indirect.
Evergreen Life accepts no liability for information (whether accurate or not) on health advice, therapy, diagnosis and or treatment, in patient information leaflets and/or the information contained in medical notes, consultation records and/or other records and or information which may be viewed on external websites which may be accessed by and displayed on the Evergreen Life software.
Personal and Non-Commercial use Limitation
The Evergreen Life Software is for your personal and non-commercial use. You may not modify, copy, disassemble, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Evergreen Life Software. You may not copy any element of the Evergreen Life Software except where such copying is incidental to the normal use of the Evergreen Life Software or where it is part of a general back up routine where you must undertake to keep all backups secure. This is your personal data and you are now responsible for its security.
This does not affect any statutory rights as a consumer.
No Unlawful or Prohibited use
In addition, you must not:
- Breach any local, national or international or regulation which is applicable
- Transmit any viruses or computer code of any kind where you know them to be present
- Transmit any information that is offensive or defamatory in any way
- Infringe our intellectual Property Rights
Your GP Practice
Your GP Practice may not have signed up to all Evergreen Life services and is able to activate and deactivate certain elements or all of the Evergreen Life service. This may apply to some or all patients. This may impact on your ability to use the service and if this happens you should take this up directly with your Practice. Evergreen Life has no control over how Practices decide to interact with the Evergreen Life services.
In the event that Evergreen Life becomes unavailable, you should always have other means of connecting with your GP Practice.
Modification of These Terms and Conditions
Evergreen Life reserves the right to change the terms, conditions, and notices under which the Evergreen Life Software is offered.
Access to the Service
Evergreen Life’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Evergreen Life’s right to comply with law enforcement requests or requirements relating to your use of the Evergreen Life Software or information provided to or gathered by Evergreen Life with respect to such use.
This agreement constitutes the entire agreement between the User and Evergreen Life with respect to the Evergreen Life Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Evergreen Life with respect to the Evergreen Life Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
This Website contains material that is the copyright of Evergreen Life. ©
This Mobile App shall not be used unless you create an Account with us. If you do not agree to these Terms we will not licence the Mobile App to you and you must uninstall the Mobile App from all of your devices immediately.
These Terms shall govern any Account that you create with Evergreen and your use of the Mobile App and of the services that are made available through the Mobile App (the “Services“).
Evergreen is the trading name for Evergreen Health Solutions Ltd (previously Ascent Health Solutions Ltd) (“Evergreen”, “we”, “us”, “our”). Evergreen Health Solutions Ltd is a company registered in England and Wales with company number 09484935 and having its registered office at The Edge Business Centre, Clowes Street, Manchester, M3 5NA.
The Services that we make available on the Mobile App provide you with the ability to record your medical records and other data relating to your health (your “Health Data”). Further details about the Services that are made available to you, or may be made available to you in the future, can be found on our website at www.evergreen-life.co.uk/features/
From time to time we may make changes to the Services that are made available to you. This may be in the form of improvements and enhancements to the existing Services and the addition of new functionality. We may also remove certain Services at our sole discretion. Certain updates to the Mobile App may be mandatory and failure by you to install them may result in the Mobile App no longer being available to you.
Creating an Account
In order to use the Mobile App and have the benefit of the Services, we require you to create an Account by providing us with your name, email address and a strong password. You are responsible for all of the activity that occurs in association with your Account. Evergreen Life is not liable for any loss or damage that is caused to you due to your failure to maintain the confidentiality of your Account credentials. We recommend that you regularly change your password, particularly where you believe it may have been compromised.
The Mobile App is currently only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:
- Android: Jelly Bean, Kit Kat, Lollipop
- OS: iOS 8 (and above)
You will also need a minimum of 15MB of spare storage space on your chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
Even if your device adheres to the above technical requirements, we do not guarantee that the Mobile App will work on your device. These technical requirements may be updated from time to time as a result of updates that we make to the Mobile App.
Daylight Saving and Time Zone Changes
Certain features of the Mobile App allow you to create and store your reminders for medication or vaccination. The Mobile App will recognise your time zone when you record your time. When you move to a different time zone or where there is a change in time for whatever reason such as due to the implementation of daylight saving time, you must re-login into the Mobile App so that the reminders can synchronise with the new time. If you do not re-login your records and stored reminders may not synchronise with the change.
Data Donor Programme
GP Access Feature
The GP Access feature gives you the choice to access a snapshot of certain medical records held by your General Practitioner or doctor’s surgery (“GP”). This is a limited view of your GP record and may not include free text. Information that is considered to be sensitive or that existed before the setup of this service may not be available online
This feature is only available to you if the technical system of your GP matches our operating requirements. In order to use this feature, you will need to collect an Account ID and an Account Linkage Key from your local GP.
When using the GP Access feature, please note that the following may cause distress or discomfort:
- forgotten history – there may be certain information in your medical records which you have forgotten about;
- abnormal results/ bad news – you may see a result or other information before you have spoken to the doctor; and
- coercion – if you think you will be pressured into revealing details from your record against your will then please think again about whether you should use this feature.
Please note we only act as a platform between yourself and your GP. We cannot and do not have any method of verifying the accuracy of the information you view when using the GP Access feature. This includes for example any medication names or dosage which you may use for repeat prescriptions. We also do not have access to any information or messages provided or sent using this feature. We ask that you take extra care to ensure that the information is accurate with your GP. Any inaccuracies should be brought to the attention of your GP immediately.
Where you choose to purchase our DNA service additional terms will apply. You must 16 years or older to order the Evergreen Life DNA Test.
Price and payment
You will need to pay a fee to use the DNA service. The fee will depend on the type of DNA service you choose. We will make the total cost clear to you before you incur any charges and you will be responsible for any charges incurred from that point on. Further information on the DNA services available with their applicable prices can be found here.
We use a third party payment provider to process your payment. Once we receive your payment we will process your order and send you a DNA test kit.
Collecting your sample
A DNA test kit will be sent to the delivery address you have provided us on your order so that you can provide us with a cheek cell sample. Please ensure you follow the instructions provided in your DNA test kit.
You must complete the form enclosed with your DNA test kit so that we can carry out the testing on your DNA.
Receiving your results
It may take up to eight (8) weeks for your DNA test results to be ready. We will keep you updated with the progress of your results from time to time.
If you are not already registered with us you will be required to download the Mobile App and register an account with us in order to view your DNA results. We do not charge you for installing or using the Mobile App.
You will need to retain your registration details and any access code we may provide to you in order to access your DNA results on the Mobile App.
You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will be a breach of these Terms. Where your details change following registration, please let us know by contacting us through the “Support” page of our Mobile App.
Cancellations and refunds
If you change your mind about the DNA test, we may be able to process a full refund for you if you have notified us within 14 days from the date after delivery of the DNA test kit. In addition, you must ensure you meet the below conditions to be eligible for a refund:
- the DNA test kit must be unopened, unused and in its sealed packaging;
- the DNA test kit must be returned within 14 days of your notification to us of your intention; and
- you must follow the further returns instructions as provided with your DNA test kit and on our website.
Unless otherwise agreed, Evergreen Life will refund you in the manner that we received payment from you. You will be liable for all fees and costs associated with shipping and / or returning of the kit to us, subject to applicable law.
Please note that we will not be able to provide you with a refund or replacement once the DNA testing has been carried out. Nevertheless where we have carried out the DNA testing and your results are inconclusive such that we are unable to provide you with a DNA report, we may in our sole discretion choose to:
- give you a full refund of the price of the DNA service you have selected; or
- offer you an additional DNA service either without charge or at a discounted charge.
Risks and Considerations
Genetic research is not comprehensive.
Your DNA results provided by us is based on the latest research at the time of purchase and is correct to the best of our knowledge.
The laboratory may not be able to process your sample.
We use a third party laboratory to carry out the testing on your DNA. The testing may not be possible if:
- there is insufficient DNA; or
- the DNA has been contaminated in any way.
There is also a risk that the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will offer to send another kit to you to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, we may, in our sole discretion provide you with a refund of your payment and the cancel the DNA test.
The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible, with all analyses carried out in a GMP approved, CPA accredited laboratory. If an error is detected in our genotyping process we will provide you with the amended DNA results free of charge.
We may not be able to present you with a full complement of results.
It may not always be possible to obtain a clear result for some DNA variations (SNPs) due to biological or technical complications. This means that such results are not accurate enough to provide you with a clear report. In such circumstances we may choose not to report a result, and we will inform you that our tests were inconclusive for this data point. The final analysis will be treated as successfully completed if over 85% of the unique genetic variations are provided and the DNA test will not be repeated in this case.
Our DNA test is only provided for your information only. Please ensure you seek the advice of a professional advisor (such as a physician, your GP or other qualified health care provider) before making any changes to your lifestyle, diet or exercise routines.
We or any persons associated with Evergreen Life are not responsible for any consequences, injuries or problems that may occur due to your interpretation of and use of this information.
Contact us about your DNA results
If you have any queries regarding the Evergreen Life DNA service, please contact us here.
If you are experiencing any issues with the Mobile App, then you can contact us by email at email@example.com. You can also help yourself by visiting the FAQ page of our website at www.evergreen-life.co.uk/our-product/.
Who can use Evergreen?
Except as otherwise stated, anyone who is a resident of the United Kingdom that is  years of age or older and creates an Account can use the Mobile App. However, we may terminate your use of the Mobile App at any time as explained below under the “Termination” heading.
If you are under the age of  years (a “Child“), then you may only register for an account and use the Mobile App and the Services if prior consent has been given by your parent or guardian, and they have agreed to these terms, as the party to this agreement, on your behalf.
Please note that the DNA test service is only available to users who are age 16 and above.
When using the Services, you shall:
- only do so for your own personal benefit (or your Child’s personal benefit) and not for any commercial purpose;
- comply with all applicable laws;
- keep your username and password confidential and not share them with any other person;
- not upload or allow anyone else to upload any viruses or malicious code to the Services;
- not upload any content to the Mobile App that:
- is inaccurate or defamatory;
- contains any material that is obscene, offensive, hateful or inflammatory;
iii. promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any intellectual property right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promotes any illegal activity;
vii. constitutes an invasion of another’s privacy;
viii. be likely to harass, upset or embarrass another person
Scope of Your Licence
In consideration of you agreeing to abide by these Terms and upon you creating an Account with us we grant you a non-exclusive, non-transferable licence to use the Mobile App in the United Kingdom. You may download the Mobile App on to a number of devices, but in each case for your personal use (or Child’s personal use) only.
You agree to that you will not:
- copy the Mobile App, except where such copying is incidental to normal use of the Mobile App, or where it is necessary for the purpose of back-up or operational security;
- rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Mobile App;
- make alterations to, or modifications of, the whole or any part of the Mobile App, or permit the Mobile App or any part of it to be combined with, or become incorporated in, any other programs;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any Mobile App, or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Mobile App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Mobile App with another software program;
- is not unnecessarily disclosed or communicated, without our prior written consent to any third party; and
iii. is not used to create any software that is substantially similar to the Mobile App.
Our Intellectual Property
You acknowledge that all intellectual property rights in the Mobile App anywhere in the world belong to us or our licensors. The rights in the Mobile App are licensed and not sold to you and you have no rights in or to the Mobile App, other than the right to use it in accordance with these Terms.
The Services that we provide to you are not intended to be a substitute for seeking professional medical advice from your GP or any other applicable health care professional.
The Mobile App and the Services are provided to you on an “as is” basis. We make no warranty regarding the quality, accuracy, completeness or reliability of the Mobile App or the Services or that they will be available to you on an uninterrupted or error-free basis. All Terms and warranties that may be implied into these Terms shall be excluded to the fullest extent permitted by applicable law.
We may suspend or terminate these Terms at any time, with or without cause. The suspension or termination will take effect upon us sending written notice to you.
You may also choose to terminate these Terms at any time by informing us of such intention in writing.
In the event of these Terms being terminated for whatever reason:
- your licence to use the Mobile App and the Services shall immediately terminate;
- you shall immediately cease to make use of the Mobile App and uninstall it from all of your devices;
- we will, upon your request, return all of your Health Data that you have supplied to us during your use of the Services within a reasonable period of time;
- within a reasonable period of time following termination (but no earlier than 30 days following termination) we shall use our reasonable endeavours to delete your Health Data from our servers. Following deletion, we will be unable to return your Health Data to you.
Limit of Liability
We do not limit our liability under these Terms for:
- death or personal injury caused by the relevant party’s negligence or that of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation by us or our employees;
- any other act, omission or liability which may not be limited under applicable law.
Subject to the previous paragraph, we shall not be liable to you for any amount, except to the extent that it reflects actual damage that you have suffered and that damage is of a pecuniary nature.
Where you have purchased the Evergreen Life DNA service, we will only be liable to you for an amount equivalent to the price you have paid for the specific DNA service from which your claim arises.
We may update these Terms from time to time (the “Updated Terms“). If we do so, then the Updated Terms will be brought to your attention and if you continue to use the Mobile App following such notification then the Updated Terms will be deemed to take immediate effect.
We may contact you (via the Website, Mobile App, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website, Mobile App or Services, of any related products and services or to seek feedback from you on the Evergreen Life Service and your results. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may transfer our rights and obligations under these Terms to another organisation at any time. We may also sub-contract any of our obligations to any third party without your consent.
You may only transfer your rights or obligations under these Terms to another person if we expressly agree to this in writing.
These Terms constitute the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties and understandings between them, whether written or oral, relating to its subject matter. You agree that entering into these Terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
If we fail to insist that you perform any of your obligations under these Terms, 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.
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
Each of the conditions of these Terms 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.
These Terms, their subject and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including, without limitation, non-contractual disputes or claims).
You may contact us at any time if you have any questions about these Terms at:
Evergreen Health Solutions Limited
The Edge Business Centre,
Manchester, M3 5NA
If you are dissatisfied with our Services, in the first instance please contact us using the information provided above.
If you are unable to resolve your dispute with us directly, you may wish to use the European ODR platform http://ec.europa.eu/odr.
Date of last update: 05/10/2017