Our policies

1. Why is this information important?

This document sets out the terms and conditions for your Evergreen Life account and its related services, regardless of whether you access your account through the website or the app, and regardless of whether you choose to register with us. It also sets out other important things that you need to know. These terms and conditions, along with the Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (the agreement) between you, the account holder; and us, Evergreen Health Solutions Ltd trading as Evergreen Life.You can see a copy of these terms and conditions through the Evergreen Life app or on the Evergreen Life website at any time. To use all the functions of the app, you must be connected to the internet. It’s important for you to understand how your account works, so if you’d like more information you might find it helpful to read our Frequently Asked Questions (FAQs).Use of the Evergreen Life service when accessed through our mobile application shall also be subject to any applicable rules and policies of the relevant application store (e.g. Apple App Store, Google Play) from which you download the Mobile App, as amended from time to time.If you do not accept these terms, do not use the Website or the app. We may revise this legal notice at any time by updating this posting and, if you are registered with us you will receive an email containing the new terms and conditions.
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2. What is an Evergreen Life Account?

An Evergreen Life account is an account that allows you access to all our services, including our app and website. By creating an account you are confirming that you have read, and accept, these Terms of Use, and our Privacy Policy.

3. Our Services

Wellness Score

Using our Wellness functionality, you can take assessments to see which areas of your general and health wellbeing you may be able to improve and how to do that. We will do this by providing you with access to referenced external research, questionnaires, content, blogs, articles and other similar material. To unlock your wellness score, we ask that you share your data anonymously with us to allow us to offer you personalised responses and to power the recommendations we make to you and to people like you. You can read more about being a “data donor” in a later section of this document.

Personal Health Record (PHR)

The PHR is your personal record. It’s a place where you can store your own health information (such as allergies, conditions, medications, documents, and measurements) and import information from various sources in order to create a record which is as complete as possible. If you connect to another source of health data (for example, your GP system using the GP access feature), we will copy information from that source into your PHR so that it is always available to you. Your PHR is your data, you own it and you control it. We will not give or sell it to anyone else unless you tell us to – see our Privacy Policy for more details.

GP Access

The GP Access feature allows you to see certain medical records held by your General Practitioner or doctor”s surgery (“GP”), and gives access to online services which your GP provides, such as appointment booking, repeat prescription ordering, and messaging. Note that the availability of these services is controlled by your GP, and not all GPs will support all services. Minimum access is defined by the practice’s contract with the NHS. If you feel that you should have access to a service which is turned off, you will need to talk directly to your GP practice.

This feature is only available to you if the computer system that your GP uses is supported by us. In order to access your GP record, you will need to collect an Account ID and an Account Linkage Key (also referred to as “Linkage Key” or “Passphrase”) from your local GP.

If you choose to use this feature, we will store a copy of your GP record in your PHR. You may update this whenever you choose by following the onscreen instructions.

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. You may be the only person who knows that information is inaccurate. 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.

Trusted Access

The Trusted Access feature gives you the option to give access to your selected data and/or your GP record with other persons through the mobile application. You can do this by submitting the other person’s email address in the “Give Access to someone new” section. Once the other person has created their account with us and accepted your invitation, they will be able to see the information you have chosen to give them access to. They will also be able to add entries into your PHR.If you decide to use the Trusted Access feature, you acknowledge the following:

• you can choose to share parts of your record and keep other parts private;
• you are responsible for ensuring that the email you have provided is correct for the person you intend to give access to your information. We cannot verify or check this;
• we cannot prevent the email address you submit on the “Give Access to someone new” section being accessed by persons other than those whom you intend to give access to your information;
• we are not responsible for ensuring that the other person to whom you have given access can keep your information confidential and secure, and that it is appropriate to give them access to such information;
• we cannot and do not take any responsibility for what the other person will do with your information, for example:

1. the other person may use their own means to download, save or store your record;
2. the other person may unintentionally or otherwise share your information with a third party;
3. we do not carry out any checks or due diligence on the other person; and we cannot stop or force any person to delete your information once you have provided them with access.

You can revoke access to anyone you have shared with, or change the parts of your record which they can see, at any time.Where you choose to give another person access your GP record, that person will be able to see everything in your GP record which you can. They will not be able to access the “Order Prescriptions”, “Book Appointment”, “Messaging”, and “My GP Account” pages.

Reminders

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.

DNA Testing

Where you choose to purchase our DNA service additional terms will apply. See the DNA Section of this document.

Other Services

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 service may be mandatory and failure by you to install them may result in the Service no longer being available to you.

4. How do I open an Evergreen Life account?

Anyone who is a resident of the United Kingdom who is 13 years of age or older and creates an account can use the Service.

If you are under the age of 13 years (a “Child”), then you may only register for an account and use the Service 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.

By creating an account within the application on behalf of a Young Person, you are agreeing that you are the Responsible Person for that Young Person and will take the necessary steps upon the Young Person reaching 13 years old, to enable the Young Person to take over their Personal Health Record.When you register for an account it is important that you understand that each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.

In order to use the Service, we require you to create an account by providing us with your name, email address and a strong password. You are responsible for the activity that occurs in association with your account. Responsibility for the security of any passwords issued rests with you.There are also some technical requirements as to whether you can use the services.

5. Communicating with you

We’ll usually communicate with you through the app or through the website, but we may also communicate with you by email, so you should regularly check your email account. You can specify which types of communication you would like to receive from us by using the “Communication Preferences” functionality within the mobile application.

Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect, we will update it.

6. How do I close my account?

You can close your account, and so end the agreement, at any time by letting us know. You can also delete your account from within the “Account and Security” area of the mobile application at any time.
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7. How is my account protected?

We will help keep your account and personal information safe, secure and private. Your account is password protected to prevent unauthorised access by anyone else.

The data that is entered, transmitted and stored is encrypted to prevent any unauthorised use of the data.

The electronic transmission of data over the internet is never completely secure but we endeavour to make the service as secure as possible and provide a high level of security for your personal healthcare information.

You are also responsible for the safety of your information. You should choose a strong password (or use the biometric unlock function of the app), and be sure that you don”t let anybody else know it. Keep your mobile phone and email account secure and don”t let other people use them. If you suspect that somebody else has used your account without permission, you should reset your password immediately. If in doubt, please get in touch with us.

8. Are there any restrictions on using my account?

All that we ask is that you act reasonably and responsibly when using your account. Do not use it for illegal purposes or in a way that might harm our ability to provide our services.

Please also act in a respectful way towards us and our support staff – we’re here to help you.

9. When we might block or close your account

The safety of your data is important to us. We might prevent you from accessing your account if we’re reasonably concerned about its security. We’ll tell you before, or as soon as possible after, we block or close your account. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances or where we cease to provide this service. If we are ceasing to provide the service, we will endeavour to let you know in advance.

10. We can change these terms

We’ll only change these terms and conditions for the following reasons:

• if we think it will make them easier to understand or more helpful to you;
• to reflect the way our business is run, particularly if the change is needed because of a change in the way any technology is provided;
• to reflect legal or regulatory requirements that apply to us;
• to reflect changes in the cost of running our business;
• because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.

If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it.

Otherwise, you’ll be informed of the changes the next time you use the app or website.

11. Are you responsible if something goes wrong with my account or for information provided through the account?

We’ll do as much as reasonably possible to make sure that our services are not interrupted, are available 24 hours a day and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. we’ll always do our best to solve any problems with our services, no matter what the cause.

We are not responsible for the accuracy, quality and use of all of the information which can be accessed and viewed by you, but we are responsible for some of it.

Our Wellness functionality, including the Wellness Score, assessments, questionnaires, content, blogs and articles are published by us and we are responsible for their quality and accuracy. Often, we will use externally published research, evidence or other external content in the production of such content and where this is the case we will clearly list and link to the references we have used. We are not responsible for external content and we accept no liability for the information (whether accurate or not) that it contains.

We are not responsible for your GP Record or the information it contains; we accept 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. Sometimes we may direct you to external websites which may be accessed by and displayed on our software; we accept no liability for the information (whether accurate or not) that they contain. We do however make sure that the information that we provide to you is verified and that the references are available to you, as more fully explained in the FAQs.

12. How to contact us or make a complaint

If you”re unhappy with our service, we’ll try to put things right. We always do our best, but we realise that things sometimes go wrong. If you have a complaint or you’d just like to speak to someone about an issue that’s concerning you, please contact us.

You”ll ideally need to tell us:

• your name;
• the phone number and email address associated with your account;
• when the problem arose; and
• how you’d like us to put the matter right.

We’ll look into your complaint and respond to you by the same method you used to contact us. We will communicate with you in English, unless we tell you otherwise.If you want to write to us, this is our address:

Evergreen Health Solutions Limited

Evergreen House,

Clowes Street,

Manchester,

M3 5NA

Our email address is [email protected]

Our phone number is 0161 768 6063

13. Permission for us to process your personal information

To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the “data controller” of your personal information. For more information about how we use your personal information, see our Privacy Policy

By entering into the agreement, you are giving us permission to gather, process and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

14. Our intellectual property

We own all the intellectual property in our products (for example, the content in our app and on our website and our logo). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
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15. Some legal bits and pieces

Our contract with you:

Only you and we have any rights under the agreement.
The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.
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Our right to transfer:

We will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement. When we transfer rights and obligations, we call this “novation”. When we only transfer rights, we call this “assignment”.

English law applies:

The laws of England and Wales apply to these terms and conditions.

The English version of the agreement applies:

If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply.

Our right to enforce the agreement:

If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

Taking legal action against us:

If you want to take legal action against us in the courts, only the courts of England and Wales can deal with any matter relating to these terms and conditions.

Evergreen Life DNA testing:

If you choose to purchase one of our DNA testing services, these additional terms apply

16. Your information rights

Evergreen Life is the Data Controller for the data that we process. This term is a legal phrase used to describe a person or entity that controls the way data is used and processed.

The General Data Protection Regulation gives you a number of rights as a data subject. These rights are listed below:

• You have the right to know how we will use your personal information.
• You have the right to be provided with a copy of your record (the information we hold about you). This is known as a Subject Access Request. This information is available to you through the App, but if you wish to check our full records, please let us know.
• You have the right to object to us making use of your information for any specific purpose. This is addressed in the “Consent” and “Communications Preferences” sections of the App and Website. You may change your consent options at any time. We will monitor these consent records and ensure that your wishes and changes are respected.
• You have the right to rectify any information in your PHR which you believe is inaccurate. As you have control of your PHR through the App, you will normally be able to make changes yourself, but if you believe that we have made an error, or you are unable to make a correction, please contact us. Please remember that you control what information you and anyone you give sharing rights to, is recorded in your Personal Health Record. It is not therefore intended that we routinely review or verify the accuracy of any of this information.
• You have the right to be forgotten. Your App allows you to delete your record at any time. Please let us know if you wish us to delete your data and we will confirm that your data has been removed from our records.
• You have the right to transfer your data to another service provider. If you wish to do this, let us know and we will provide the information in an electronic format.
• You have the right to object to any automated decision making, however we do not carry out any automated decision making within our systems.

We are registered under the Data Protection Act 2018 with the Information Commissioner”s Office (the UK data protection regulatory). Our registration number is ZA119460 and can be viewed online at http://www.ico.org.uk. You can also useful access guidance and information about your data protection rights on this website.

You can make a complaint to the ICO at any time about the way we use your information. However, we hope that you would first consider raising with us any issue or complaint you have about how we handle your personal information. Your trust is extremely important to us, and we will always do our very best to promptly resolve any problems you may have in this regard.

For the full information of how we use our data, please read our privacy policy.

17. Website info on conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to our Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

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 this clause.

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 links on 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 trademarks displayed on our Website without express written permission from us;
• 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.
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18. Technical Requirements

Mobile

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: 7.0 (and above)
• OS: iOS 11 (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.

Your device will need an internet connection to access the functionality of the application.

Website

E-life.co.uk has been tested with the most recent version of the following browsers:

• Google Chrome
• Internet Explorer (9+)
• Firefox
• Safari

Your experience using http://e-life.co.uk  will be improved by using the most recent browser available on your platform – with improvements in page layout and design, speed of access and accessibility options

19. Evergreen Life Mole Checking Service Terms and Conditions (‘Terms’)

1. The Terms

These Terms, together with any and all other documents that we mention in them, tell you information about us and the terms and conditions on which we will supply you with the Evergreen Life Mole Checking Service (Teledermatology Consultation Service) (also referred to as “Mole Checking Service” below). You should print a copy of these Terms or save them to your computer for future reference.

The Mole Checking Service is provided through the Evergreen Life mobile application (“App”). You can download the App and register for an Evergreen Life account for free by using your smartphone to scan the QR code on our website (https://www.evergreen-life.co.uk/download) or by searching “Evergreen Life PHR” in your app store.

Please read these Terms carefully and make sure you understand them before ordering the Mole Checking Service. Please note that before placing an order you will be asked to agree to the Terms. If you refuse to accept the Terms, you will not be able to order the Mole Checking Service.

References to “you” in these Terms are to you, as a consumer, purchasing the Mole Checking Service in accordance with these Terms.

“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

In particular, we recommend you review the following sections: (10) Using the service; (13) Your responsibilities; and (15) Our liability to you

2. Other applicable terms 

Our privacy policy (https://www.evergreen-life.co.uk/terms/website-privacy-policy/ ) and charter (https://www.evergreen-life.co.uk/terms/charter/) set out the terms on which we process any personal data we collect from you or that you provide to us.

The Evergreen Life Account terms and conditions also apply to the Mole Checking Service save as changed or amended by these Terms.

Please ensure that you have read these other applicable terms and fully and understand them. You will be asked to consent to us collecting personal data from you in order to provide the Mole Checking Service and to share that personal information with our third party service providers, as set out below (see “Who provides the Services” and “Price and Payment”). If you do not give this consent, we will not be able to provide you with the Mole Checking Service.

3. Who provides the Services

We are Evergreen Health Solutions Ltd (trading as Evergreen Life), a company incorporated and registered in England and Wales with company number 09484935 whose registered office is at Evergreen House, The Edge, Clowes Street, Manchester, M3 5NA. We provide the App as the digital tool that enables the Mole Checking Service.

Omnes Healthcare Ltd will deliver this service and are a company incorporated and registered in England and Wales with company number 07751362 and having their registered office at Evergreen House, The Edge, Clowes Street, Manchester, M3 5NA (“Omnes”). They are a member of the Evergreen Life group of companies and are the health care provider delivering the dermatology assessment, as well as providing dermatologists and administrative support to deliver the Mole Checking Service.

Omnes are registered with and regulated by the Care Quality Commission (CQC), the independent regulator of health and social care in England and Wales, and are required to comply with the Health and Social Care Act 2008. Omnes clinicians are registered with and regulated by the General Medical Council (GMC) and as such comply with the Good Medical Practice Guidelines.

4. Contacting us

If you wish to contact us for any reason about the Mole Checking Service, or because you have a complaint, you can email us at [email protected].

You can find the answers to many frequently asked questions on our help centre at  https://help.evergreen-life.co.uk/ or you can use the live chat icon at the bottom-right of your screen on our website.

If we have to contact you at any time, or give you notice in writing, we will do so by email or using the contact details registered under your Evergreen Life account. By accepting these Terms, you are also agreeing for us to contact you by these methods if we need to in relation to the Mole Checking Services.

5. Placing an Order and UK only

Orders for the Mole Checking Service can be placed  in App and on our Website, by clicking the Order Confirmation button. You will need to accept these Terms in order to place an order. Our acceptance will take place when we (or our third-party payment partner) email you confirmation of the purchase, at which time a contract will form between us. We will send you a copy of these Terms with the email confirmation for you to save for future reference.

Please note: if you place an order via our website, you will then be prompted to download the Evergreen Life App and open an account, in order to access and use the Mole Checking Service. You will not be able to use the Mole Checking Service without doing this.

Please note that this Mole Checking Service is only available for people who are residents within the United Kingdom.

6. Price and payment

You will need to pay a fee each time you want to use the Mole Checking Service and this fee will be specified at the time of purchase in App.

The fee will include VAT (where applicable) at the current rate chargeable in England and Wales from time to time.

We use a third-party payment provider to process your payment (Shopify). Payments will be subject to the Shopify Terms in addition to these Terms. Please follow https://www.shopify.com/legal/terms for further details.

Once we receive your payment, we will process your order and send you an email confirmation.

7. Changing your mind and not completing the service

You have a legal right to change your mind before accessing the Services. You have 14 days after the date we confirm your order to change your mind about the Services if you haven’t used them yet.

If you change your mind you can contact us by email at [email protected], or write to us at Evergreen House, The Edge, Clowes Street, Manchester, M3 5NA. You can also fill out the Model Cancellation Form (attached as Appendix A to these Terms) and post it to us. We will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You cannot change your mind if you start using the Mole Checking Service straight away. By continuing through to use the Mole Checking Service within 14 days, you understand and confirm that you are losing your right of cancellation. 

Please note, you will have up to 1 month from the date you consent to the data sharing terms for the Mole Checking Service. This is because we have to ensure clinicians and dedicated support staff monitor all services until completion. We will provide you with regular reminders to complete your use of the Mole Checking Service within 1 month from the date of consent confirmation, however, if you fail to do so we will end the service, you will not receive a recommendation from a dermatologist and you will not be entitled to a refund.

8. We can change the Services and these Terms  

Changes we can always make. We can always make changes to the Mole Checking Service from time to time to reflect changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements, for example to develop the Mole Checking Service,  address a security threat, and to update digital content. These are changes that don’t affect your use of the Mole Checking Service.

Changes we can only make if we give you the option to terminate. If we want to make changes that significantly affect the Mole Checking Service being provided to you, we will give you an opportunity to end the contract before the change takes effect and receive a refund for any Mole Checking Services you’ve paid for in advance but not yet received.

Setting up and using the Mole Checking Service

9. Registering with us

You must be aged 18 or over to use the Mole Checking Service.

If you are not already registered with us, you will be required to download the App and register an Evergreen Life account with us in order to use the Mole Checking Service, which will be subject to the App account terms and conditions. We do not charge you for installing or using the App.  Guidance on creating an account can be found here https://help.evergreen-life.co.uk/category/creating-an-account .

10. Using the Mole Checking Service

When you are in your Account, you will be guided through a dermatology questionnaire in the App, which will ask you a series of questions about your skin lesion and about yourself and will take about  5-7 minutes to complete. Please give as much detail as you can, as this will help the dermatologist.

You will then be asked to take some images on your smartphone of the skin lesion within the App and submit them. Please ensure you follow any instructions given about the quality and size of the images to be submitted as this can affect the outcome you receive.

Please note the following conditions for using the Mole Checking Service:

• We can only check one mole/skin lesion at a time.
• The mole/skin lesion must not be a rash.
• The mole/skin lesion must be less than 15mm in diameter.
• The mole/skin lesion must not have been previously biopsied, cut or otherwise injured.
• We cannot scan any moles/skin lesions that are:
  • Located in an intimate area of the body (e.g. genitals)
  • Covered by an excessive amount of hair
  • Under nails
  • In an area of visible scarring or tattooing

If this criteria doesn’t apply to you and you have concerns about a skin issue, please contact your GP for help.

11. Personal data and consent

Please be aware that if you purchase the Mole Checking Service you will be asked for your consent for us to process your personal data and medical (sensitive) data, which includes your answers to the questionnaire and dermatology-related images, and to share them with Omnes to complete your dermatology referral (see “Who provides the Services”).  You will be asked to consent to this at the point of submitting your questionnaire responses by clicking to “Consent to share data”. Failure to provide consent will result in us not being able to provide you with the Mole Checking Service or manage your records digitally via the App, but a refund will be provided for amounts already paid and we will contact you to follow up.

All personal data is processed and stored in accordance with our privacy notice, which can be found here https://www.evergreen-life.co.uk/terms/website-privacy-policy/

12. Obtaining your results

Your answers to the questionnaire and images are ‘packaged’ up and the Omnes admin team and dermatologists access the referral through an online portal. After 1 working day (Monday to Friday, except public holidays), we will aim to provide a review of what the skin lesion is likely to be, and the recommended outcome, which will be an outcome letter that will be emailed to you and available to access through the App within your personal health record. This means, if you send your questionnaire and photos Sunday to Thursday you should get a response within 24 hours. If you send them on a Friday or Saturday you may have to wait until Monday for a response.

The likely outcomes of the referral are:

1. Discharge, if the lesion is benign;
2. You will need to see your GP with the referral letter for a face to face follow up;
3. You have a suspected cancerous lesion and need rapid follow up –Omnes will attempt to contact you by telephone and you will be emailed the outcome letter, to ensure you are aware of the results and can arrange a follow up about the skin lesion with your GP.

You will then be ‘discharged’ at the end of this journey.

Your results will also automatically be saved and stored to your Evergreen Life account for you to access at any time via the App.

If you have any questions please contact us (see “Contacting us”).

Please note, if you have not received your recommendation letter within 1 week from the date you submit your questionnaire and image, then we will provide a full refund. Please contact us in order to claim a refund.

13. Your responsibilities

You’re responsible for making sure all the details in your order, your Evergreen Life account contact information and any information you are asked to provide on purchase of the Mole Checking Service (for example billing information) is complete and correct.

You’re responsible for ensuring the answers to the Mole Checking Service questionnaire are complete and accurate and that the images submitted comply with any instructions that we have given about their nature, quality and size.

Please do not submit images or information unless it relates to you.

14. We are not responsible for delays outside our control.

If our supply of the Mole Checking Service is delayed by an event outside our control (such as but not limited to, the need to update the Mole Checking Service or App to reflect changes in relevant laws and regulatory requirements or if we need to deal with technical problems) 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.

If you think there is a problem with the Mole Checking Service, please contact us (see “Contacting us” above). Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. 

The Consumer Rights Act 2015 says: ●      You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it. ●      If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. ●      If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

15. Our liability to you

We are responsible for the providing the Mole Checking Service using reasonable skill and care, as well as providing accurate and secure data transfers to Omnes.

We don’t compensate you for all losses caused by the Mole Checking Service. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

b) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We’re not responsible for delays outside our control”.

c) Something you could have avoided by taking reasonable action.

d) A business loss. This Mole Checking Service is provided for your personal use in your residential property only and not for the purposes of your trade, business, craft or profession. We are not liable for any loss you suffer in connection with your trade, business, craft or profession by using the Mole Checking Service other than for personal use.

e) Caused by you. In particular, (i) your use of the Service in breach of these terms, including a failure to provide the required information or images; or (ii) A failure by you to follow the recommendation or from your failure to pass on information to your regular healthcare provider. 

Omnes, as the registered CQC private healthcare provider, will be responsible  for the clinical assessment.

16. Resolving complaints with us

You have several options for resolving disputes with us.

a) Our complaints policy. Our Customer Support Team will do their best to resolve any problems you have with us or the Service.

b) Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to CEDR through their website at cedr.com. CEDR does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.

c) You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

d) For more information on your statutory rights you may contact Citizens Advice by visiting citizensadvice.org.uk or calling 03454 04 05 06.

17. Ending the contract

We can end our contract with you for the Mole Checking Services and claim any compensation due to us (including enforcement costs) if:

a) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or anything else that we need to provide the Mole Checking Service, for example downloading the App and registering an Evergreen Life account; or

b) you are in breach of any of your responsibilities (see “Your Responsibilities”)

You may end the contract with us at any time in accordance with these terms. You may also end the contract with us if we are in breach of any of our responsibilities under this agreement, we are unable to materially perform the Mole Checking Services as intended, or we are otherwise in breach of our obligations to you under these Terms or under applicable consumer contract regulations. In this event, you may be entitled to a full or partial refund for Mole Checking Services paid for but not yet provided, and for compensation. If you have any questions, please contact us (see “Contacting Us”).

 

APPENDIX A

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

Evergreen Health Solutions Ltd (trading as Evergreen Life),

Evergreen House,

The Edge,

Clowes Street,

Manchester,

M3 5NA

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),………………………………………..

Address of consumer(s),………………………………………

…………………………………………………………………………

Signature of consumer(s) (only if this form is notified on paper),

……………………………………………………………………….

Date

[*] Delete as appropriate

20. Evergreen Life DNA Testing Service (‘Terms’)

Please note: Our DNA Test is provided for your information and research purposes, and is not intended to provide any clinical diagnosis. In particular, we draw your attention to the sections on ‘Risks and Considerations’ and ‘Liability’.

The Terms

These Terms relate to our supply to you of the Evergreen Life DNA Test (also referred to as ‘DNA Testing’ or ‘DNA Test’ below). Please read these Terms carefully before you submit your order to us.

Who we are. We are Evergreen Health Solutions Ltd (trading as Evergreen Life), a company incorporated and registered in England and Wales with company number 09484935 whose registered office is at Evergreen House, The Edge, Clowes Street, Manchester, M3 5NA

Who you are.  You must be 18 years or older and a resident of the United Kingdom at the time of the order to order the Evergreen Life DNA Test.

“App”. The Evergreen Life mobile application (including any new updates, versions or releases), through which you may place an order for a DNA Test

“Sample”. The DNA sample collected by you using the DNA Test Kit.

“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails

DNA Test bought for you

Please note that if someone else has bought the DNA Test for you as a gift or otherwise, the following sections will still apply to you: Receiving your DNA Kit; and Receiving your results and Personal Data. In addition, any right of cancellation, replacement services and refund remain with the person who placed the order and purchased the DNA Test. If you have any queries please contact us.

Placing an Order

Orders for a DNA Test may be placed by you via the ‘DNA Test’ tab in the App, by clicking the [Order Confirmation] button. You will need to accept these Terms in order to place an order. Our acceptance will take place when we (or our third party payment partner) email you confirmation of the purchase, at which time a contract will form between us.

Price and payment

You will need to pay a fee to use the DNA Testing service. The fee will depend on the type of DNA Testing 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 the point you place your order. Further information on the DNA Testing services available with their applicable prices can be found in the ‘Tests’ section of the App.

We use a third-party payment provider to process your payment (Shopify). Payments will be subject to the Shopify Terms in addition to these Terms. Please follow https://www.shopify.com/legal/terms  for further details.

Once we receive your payment, we will process your order and send you an Evergreen Life DNA Test kit.

Delivery of the DNA Test Kit at the appointed address 

The DNA Test will be posted to you at the address confirmed at the moment of the purchase. If you have requested delivery to someone else, then you confirm that you have their permission to do so and share their contact details with us. We will aim to deliver the DNA Test kit to you as soon as reasonably possible, but note this might take up to 30 (thirty) days in some cases, depending on availability and location. Please contact us if you have any questions regarding your delivery. 

We are not responsible for delays outside our control. If our supply of the DNA Test is delayed by an event outside our control (such as but not limited to, limited stock availability or the need to update the DNA Test kit or testing process to reflect changes in relevant laws and regulatory requirements) 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received. 

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of the failure, at which time you should contact our customer support team using these details: contact us

If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for returns or any further delivery costs, or the costs of sending an additional DNA Test Kit to you. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and the cancellation clause below will apply. 

Receiving your DNA Test kit

The DNA Test kit will be your responsibility from the time we deliver it to the address you gave us until the moment you have successfully returned it to us for the laboratory testing phase.

Once you have received your DNA Test kit you should note that it accompanies instructions for (i) collecting your Sample and (ii) sending your sample to be tested. Please ensure you follow the instructions provided in your DNA test kit as the quality of the sample you send us can affect the quality or accuracy of the results you receive.

We are not be liable for any issues caused by misuse of DNA Test Kits or misreading of the instructions, including but not limited to accidents, the mishandling and/or damaging of the DNA Test kit, its contents and packaging provided.

Collecting your sample

Once a DNA Test kit has been delivered you will need to provide us with a DNA sample (‘Sample’).

You or whoever is taking the DNA Test must register the DNA Test Kit, and confirm consent to perform the DNA Test and process your personal data. Because conducting the DNA Test means we will process your medical (sensitive) data, we will request your consent to do so.

The person taking the DNA Test is responsible for providing consent. You can provide consent by clicking to ‘confirm’ where this option is made available to you by Evergreen Life, or otherwise providing explicit consent in a method requested by us. Failure to provide consent will result in us not being able to provide you with your DNA Test report.

All data is processed in accordance with our privacy notice, which can be found here.

Posting your sample to be tested

Together with your DNA Test kit you will receive instructions to follow the instructions to send the Sample to the address provided, for our partner laboratory who are subcontracted to perform the services, in order for testing to be processed.

You must complete the form enclosed with your DNA Test Kit so that we can carry out the testing on your Sample.

Receiving your results and Personal Data

It may take up to 6 weeks from the receipt of your Sample for the DNA Test results to be ready. 

Once the results are ready, we will notify you and you will be able to access your results through the App. Your DNA Test results will then form part of your Personal Health Records on the App.

If you are not already registered with us, you will be required to download the App and register an account with us in order to register your DNA Test view your DNA Test results, which will be subject to the app Terms of Use. We do not charge you for installing or using the App (https://www.evergreen-life.co.uk/download). 

You will need to retain your registration details and any access code we may provide to you in order to access your DNA Test results on the App. If you do not wish to become an Evergreen User or access results in this way, then please contact us within 14 days of purchase and we would be happy to provide a refund.

Cancellations and refunds

Please note that we will not be able to provide you with a refund or replacement once the DNA Testing has been carried out.

If you change your mind about your DNA Test before we perform the services, we may be able to process a full refund for you if you have notified us within 14 days from the date the order was confirmed. In addition, you must ensure you meet the below conditions to be eligible for a full 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 to cancel; and

·       you must follow the further returns instructions as provided by us when you purchase the DNA Test kit .

If you do not return your DNA Test Kit to us in accordance with these requirements, then we may deduct the current cost of the DNA Test Kit from any refund to you for our services. You will be liable for all fees and costs associated with shipping and / or returning of the DNA Test Kit to us, subject to applicable law.

Faulty Kits: If you have already opened your DNA Test kit and, before having collected your Sample, you believe it to be faulty, contact us as soon as reasonably possible via the support page in our App. If the product is confirmed faulty by us, we will either provide you with a replacement DNA Test Kit, offer a refund or an alternative service/product or equivalent value.

Inconclusive Results. Where we have carried out the DNA Testing and more than 5% of your results are inconclusive such that we are unable to provide you with a DNA Test report, we may in our sole discretion choose to:

·       give you a full refund of the price of the DNA Testing service you have selected; or

·       offer you an alternative product or service either without charge or at a discounted charge, subject to your approval.

Unless otherwise agreed, Evergreen Life will provide refunds in the manner that we received payment from you.

Risks and Considerations

Your DNA Test results provided by us is based on the latest research at the time of purchase and is correct to the best of our knowledge. However, some risks exist and should be considered by you before opting for these DNA Testing services. 

The laboratory may not be able to process your sample.

We use a third-party laboratory to carry out the testing on your Sample. The testing may not be possible if an insufficient amount of DNA is collected and sent as the Sample; if the Sample has been contaminated in any way; or is of poor sample quality.

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 may offer to send another DNA Test kit to you to collect a second Sample at no charge. If this second attempt at Sample collection is unsuccessful, we may, in our sole discretion provide you with a refund of your payment and cancel the DNA Test or offer an alternative product or service.

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 an ISO 17025 accredited laboratory according to documented quality systems and procedures. 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 DNA Test 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 and DNA Test will be treated as successfully completed if 95% or more of the unique genetic variations that we report on are provided and the DNA test will not be repeated in this case.

Our DNA Test is only provided for your information only.

The DNA Test is only provided for your information and research purposes, therefore the DNA Test report will not provide any clinical diagnosis of medical conditions.

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.

Your results.

We will only report to you the genotypes and insights from your genetic data which are included within the DNA Test specification on our App at the time of order, and that are actionable and targeted within our mission of empowering our users to take control of their own health and wellbeing. Your results will not contain any clinical diagnosis.

However, we will also store the raw genotyping data we obtain from your Sample, which will be kept secure and may be requested or managed by you in accordance with your rights under the UK GDPR. This means we hold more data about you than will be provided within your initial report, but may be relevant for future services and reports. Therefore, from time to time and for as long as we are permitted to hold your genotyping data, we may update your DNA Test report and make more results and insights available to you as we discover them (but do not guarantee that we will provide any additional insights or reports after the initial DNA Test).  Please note that we will not use your results for any other purpose without your permission.

Liability

We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed or raised it with us during the sales process.

We do not provide clinical diagnosis or medical advice

The DNA Test is intended to provide you with health and wellbeing insights, as well as information for your personal use and/or research. We do not provide the DNA Test as, or in relation to, medical advice or a clinical diagnosis, and we therefore exclude all liability for any use or reliance on the DNA Test for these purposes.

If you have concerns about your health and wish to obtain a medical opinion, we recommend you contact your GP.

We are not liable for business losses

The Evergreen Life DNA Testing Service is intended for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business related to any commercial opportunity, business or re-sale purpose.

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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; as well as liability for defective products under the Consumer Protection Act 1987

Other points to be aware of

Rights and remedies

Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and don’t exclude, any rights or remedies provided by law.

Force majeure

Neither Party shall be liable for a breach of these Terms directly or indirectly caused by circumstances beyond its reasonable control, provided that the affected party notifies the other immediately. This will not apply to requirements to comply with applicable law or anything caused by a party’s wilful act or negligence.

Assignment, subcontracting and third party rights

We have the right to subcontract our obligations and performance of Services under these Terms and we may assign our rights and obligations under these Terms to third parties. You may not assign your rights and obligations under these Terms without our prior written consent.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. Any legal dispute in relation to is to be resolved at the English and Welsh courts.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If you have any queries regarding the Evergreen Life DNA Testing service, please contact us.