Terms and Conditions

TERMS AND CONDITIONS FOR EMPLOYEES

 

INTERPRETATION
 
1.1. In these terms and conditions the following words and phrases shall have the following meanings:
 
1.1.1. “Incorpore Limited” or “we” or “us” shall mean Incorpore Limited, a company incorporated in England and Wales under company number 3997432 and whose registered office is at 40 Folders Lane, Burgess Hill, West Sussex, RH15 0DR;
 
1.1.2. “Employee” or “you” shall mean any person who has registered for a HealthiFlex assessment;
 
1.1.3. “Employer” shall mean the company who the Employee is employed by at the date of registering for a HealthiFlex assessment;
  
1.1.4. “HealthiFlex Assessment” shall mean the health assessment which Incorpore Limited has arrangements for the provision of such assessments;
 
1.1.5. “Salary Deduction” shall mean an arrangement between the Employee and the Employer by which the Employer pays the Employee’s HealthiFlex Assessment fees to Incorpore Limited and then recovers some, all or none of these fees through Employee payroll deductions;
 
1.1.6. “Initial Setup Fee” means the amount within the cost of the Health Assessment that is retained by Incorpore to facilitate the setting up of the assessment;
 
1.1.7. “Processing Fee” means a fee of £25 plus VAT payable for any each and all cancellations to a Health Assessment arranged by Incorpore on behalf of The Company;
 
1.1.8. “HealthiFlex Clinic” shall mean the chosen clinic where you have a HealthiFlex Assessment;
 
1.2. Words importing the singular shall include the plural and vice versa;
 
1.3. Words importing the masculine gender shall include the feminine and neuter genders and vice versa;
 
1.4. Headings are provided for convenience only and shall not affect the interpretation of these terms and conditions.

 
2. HEALTHIFLEX ASSESSMENT
 

Your Employer has opted to provide you with a Health Assessment under a Salary Deduction Scheme. As a Salary Deduction Scheme this will not affect your terms and conditions of employment.

It is your responsibility to agree the terms of your HealthiFlex Assessment with your Employer and to make sure that you understand the implications of your Employer’s Salary Deduction Scheme.
 
 
3. HEALTH ASSESSMENT
 
3.1. COMMENCEMENT AND DURATION
 
3.1.1. Your HealthiFlex Assessment shall become effective from the date stated in the confirmation email sent by Incorpore Ltd. Subject to cancellation pursuant to clause 3.5.
 
3.1.2. All HealthiFlex Assessments are subject to the terms and conditions of business of the HealthiFlex Clinic which you have selected and is valid for a fixed term of 12 months.
 
3.2. FEES AND PAYMENT

Your fees for your HealthiFlex Assessment are paid by your employer under a Salary Deduction Scheme.
 
3.3. NON-TRANSFERABLE

Once you have selected a HealthiFlex Assessment, your Assessment will remain the property of your Employer and shall not be eligible to be transferred or sold by you to anyone else, including to another employee.
 
3.4. NON-CANCELLABLE
 
Your HealthiFlex Assessment is non-cancellable, and bookable for a fixed 12-month period. In certain circumstances, and in line with your chosen HealthiFlex Clinic’s own Terms and Conditions it may be possible to upgrade or alter an Assessment. This is subject to agreement from the chosen HealthiFlex Clinic and any additional fees will need to be paid direct to the HealthiFlex Clinic.

 
3.5. YOUR RIGHT TO CANCEL

Subject to the Consumer Rights Regulation you have 14 days after the date your HealthiFlex Assessment was selected on www.HealthiFlex.co.uk to cancel without penalty. If you do choose to cancel an order within this time frame and you have already booked the assessment, you may still incur a charge.
 
 
4. DATA PROTECTION

By selecting a HealthiFlex Assessment through Incorpore Limited, you authorize your Employer, your selected HealthiFlex Clinic and Incorpore to use the personal data supplied by you in order to confirm that you are a genuine Employee, and to administer the chosen Health Assessment. These details will be treated in accordance with Incorpore’s Privacy Policy and kept safe at all times.
 
 
5. DISCLAIMER

Your health, well-being and safety whilst undergoing your HealthiFlex Assessment are not the responsibility of your Employer or Incorpore Limited. 
 
6. LIMITATION OF LIABILITY
 

6.1. Except in respect of death or personal injury caused by the negligence of your Employer or Incorpore Limited, neither your Employer nor Incorpore Limited shall be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, statutory duty or any duty at common law, or under these terms and conditions, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of your Employer or Incorpore Limited, their employees or agents or otherwise) which arise out of or in connection with the provision of the HealthiFlex Assessment.
  
6.2. Your Employer and Incorpore will not be liable for any failure to provide the HealthiFlex Assessment from any particular date or time whether or not agreed.
 
 
7. MISCELLANEOUS
 
 7.1. ASSIGNMENT

Incorpore Limited may assign its rights under this Agreement without the Employee's consent.
 
 
7.2. WAIVER

Our failure to act in respect of a breach of these terms and conditions by you or others does not waive our right to act in respect of subsequent or similar breaches.
 
 
7.3 NOTICES
 
7.3.1. Except as explicitly stated otherwise, any notices to you shall be delivered to the email address you provide to us during the HealthiFlex Assessment registration process.

Any notices to us must be sent by email to privacy@incorpore.co.uk or by pre-paid post to The Old School House, 14 Mill Road, Burgess Hill, West Sussex, RH15 8DR.
 
7.3.2. Any notice shall be deemed given:-
  
7.3.2.1. If sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or
 
7.3.2.2. If sent by pre-paid post, three business days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.
 
7.4. SEVERABILITY
 
If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable for any reason it shall be severable and the remaining provisions of these terms and conditions shall continue in full force and effect.
 
7.5. JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.