1. Definitions

Hooke, or ‘we’, ‘us’ or ‘our’ means Health and Longevity Optimisation Limited t/a Hooke, a company registered in England and Wales with Company number 11928940, whose registered office is c/o BCS, Windsor House, Station Court, Station Road, Great Shelford, Cambridge, Cambridgeshire, CB22 5NE.

Business Day:  A day other than a Saturday, Sunday or public holiday in England.

Client or ‘you’: An individual who has engaged Hooke to provide the Services.

Contract: The contract between Hooke and the Client for the Services.

Hooke IPRs:  All Intellectual Property rights owned by Hooke, and all that arise from the performance of the Services by Hooke.  Hooke IPRs include, without limitation, copyright in the Report.

Intellectual Property:  Patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Investigation: One session of screening, diagnostics, clinical assessments and reporting as part of the Services (as defined below).  

Report: The Report that Hooke will provide to you in each Investigation. The Report will contain the Results of various testing and monitoring, and Hooke’s assessment of your Results. The Report will also provide an overall summary of the recommendations and interventions determined by Hooke’s multi-disciplinary team of health professionals (the MDT).

Results: The data and results following your screening and assessments and provided to you in the Report.

Sample(s): Any biological samples, such as blood samples, that you may provide in the course of receiving the Services.

Service(s): Our clinical and health and wellness packages, the details of which are available on www.hooke.london or on request via enquiries@hooke.london or by contacting a member of our team directly.

Term: Has the meaning set out in the package applicable to you, or as otherwise agreed with you in writing.    

Third Party Service Providers: The providers of certain screening and assessment services, which we will provide to you under your contract with us.  Please be aware that your contract is with Hooke and we may open accounts for you with our Third Party Service Providers as explained below.

Wearables: As defined in clause 3.4 below.

1.1. A reference to a statute or statutory provision is a reference to it as amended and includes all subordinate legislation made under that statute or statutory provision.

1.2. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.3. A reference to writing or written includes fax and email.

2. Obtaining our services

2.1. Your Contract with us will begin on the date on which you receive written confirmation of your booking for your first Investigation (the Commencement Date).

2.2. Following the Commencement Date, our Services will be provided to you as described in these Terms and Conditions.

2.3. You must keep us informed of any changes to the contact details we hold for you so that we can contact you if necessary about the Services we have agreed to provide to you. Failure to provide such information may result in us being unable to provide the Services, as a result of which we may terminate our Contract.

3. How our services operate

3.1. Depending on the package you have purchased, we will provide you with the clinical, health and wellness services expressly listed in that package description, or as otherwise agreed with you in writing.

3.2. We engage Third Party Service Providers to provide certain services including blood analysis, genome sequencing and polygenic risk scoring, magnetic resonance imaging (MRI), colonoscopy and endoscopy, and CT calcium scoring. For the Services expressly listed in your package, you are not liable for any additional costs where these are provided by Third Party Service Providers.

3.3. We may refer you to other medical specialists in addition to the Services listed in your package if considered appropriate by the MDT. Any such referral is not included in your Service fee, and you will be liable for any professional fees if you accept any such further services or referrals. Any additional cost will be notified to you in advance and we will not incur any additional costs on your behalf without your consent.

3.4. We will provide, and you may elect to wear and use, external devices and monitoring platforms (Wearables), which are designed to capture and record various health data.

3.5. Using Wearables will require you to use various applications (apps) and other software from the Wearables' manufacturers. Hooke will obtain Wearables from our Third Party Service Providers on your behalf. We will provide you with training and tutorials on how to use Wearables.

3.6. You will own all of the Wearables you elect to use under our agreement and the cost is included in the fee you pay for our Services.

3.7. You may be required to set up a personal online account with some or all of the providers of the Wearables.  We may request that you provide your consent for Hooke to use the data generated by the Wearables in order to deliver our Services.

3.8. As science and technology evolves, the Services we offer may change from time to time.   We may make minor adjustments and changes to the Services without further notice to you.  We will provide you with written notice if we plan to remove, add, substitute, or otherwise substantively change any of our Services.

3.9. Some elements of the Services, such as some tests or procedures, may not be appropriate or possible for medical reasons.  You may also decline a test or procedure. In either case, the test or procedure in question will not be carried out and alternatives may be offered. For cancellation terms for Hooke appointments, see clause 4.5 below.

3.10. The Services are offered as a fully integrated and bespoke health programme tailored to you. Once we have commenced provision of the Services, we are unable to offer any refund of the fees paid under your Contract.

4. Payment

4.1. The fees payable to Hooke for our Services will be notified to you in writing. The fees may change from time to time, but any changes will not apply until the end of the current Term and will be notified to you advance.

4.2. The Service fees exclude, unless otherwise notified to you:

- Any professional fees for consultations or other services by external professionals to whom you have been referred or which have been recommended to you by us; referred b) Any medication or supplementation recommended or prescribed by our MDT.

4.3. Payment instructions will be provided with each invoice. We will commence providing the Services following receipt in full of your first payment.

4.4. We will suspend the provision of Services, including consultations with our MDT, in the event of late payment, and may terminate the Contract if the payment(s) remains overdue. Please note that no Investigations will be carried out until any payment due has been received.

Cancellation of Hooke Appointments on Short Notice

4.5. Cancellation of any Hooke appointment with less than 24 hours notice will incur a charge of £200. You will provide us with debit or credit card details upon entering into this Contract and you consent to such debit or credit card being charged in the event you cancel within 24 hours of your appointment(s).  For any appointments with third parties there may be different or additional cancellation charges, which will be notified to you in advance, and for which you will be liable.

5. Eligibility and acceptance of terms

5.1. You may not use our Services and may not accept these Terms and Conditions if you are not over 18 years of age.

5.2. You may only use our Services for your personal use and not for any business or commercial use.

6. Consents

6.1. In order to provide the Services to you, it may be necessary for us to open accounts on your behalf with our Third Party Service Providers. We may require your written consent to open accounts on your behalf and we will send you written notice of any consents required.

6.2. If you do not provide such consents, we may be unable to deliver all or some of the Services.

7. Timing and delays

7.1. Hooke will use its best efforts to provide Services to its Clients within any timetable advised. If the provision of Services is delayed by an event outside the control of Hooke, then Hooke will contact you as soon as possible to inform you and will then take the necessary steps to minimise the effect of the delay.

7.2. Hooke will have no liability for any delay caused by events outside of its direct control.

8. Complaints

Please refer to our Complaints Policy on www.hooke.london or as provided to you together with these Terms and Conditions for information about our complaints procedure.  For the avoidance of doubt, you are able to submit a complaint via complaints@hooke.london or by contacting any member of our team directly.

9. Term, termination and cancellation

9.1. Your Contract shall continue for the Term applicable to you and terminate at the end of that period.

9.2. Except as provided at 10.7 and 10.8 below, you may give notice terminating the Contract with us at any time by sending us an email to admin@hooke.london and your Contract and the Services we provide will terminate at the end of the current Term (the Termination Date).

9.3. If your Contract is for an annual membership, your Contract will renew automatically at the end of each Term for further 1 (one) year Term.

- We will issue an invoice for payment for each additional Term at the commencement of that year.  Your contract will not renew unless we receive payment of that invoice.

- Hooke may in its sole discretion issue new Terms and Conditions for you to agree in order to receive further Services.  

- If you give notice to terminate your contract after the Termination Date, Hooke may charge you a pro-rated 1 month fee to cover its costs of administering your Contract after the Termination Date.

9.4. These Terms and Conditions will continue to apply until terminated in accordance with this section.

9.5. Hooke may terminate the Contract we have with you if at any time you have breached these Terms and Conditions, including a failure to make payment of our invoices when required, or if we are required to do so by law.

9.6. It may be necessary for Hooke to terminate some of the Services we provide to you in the event that:

- Any of our Third Party Service Providers cease to provide services;

- Any of our Third Party Service Providers terminate their relationship with Hooke;

- Any of the Services become commercially unviable; or

- Hooke reasonably considers that any of the Services, including any Wearables and/or monitoring platforms, are no longer scientifically or medically suitable.

9.7. You are not entitled to any refund from Hooke for any Services that you have already paid for but that have not been delivered as of the Termination Date.

9.8. You have a legal right to request cancellation of the Contract you have with Hooke within 14 days from the date of execution of the Contract and you may do so by notifying Hooke in writing.  Should you choose to exercise this right by notifying Hooke in writing, you will be entitled to a refund for Services which have not been provided and for which Hooke has not incurred any expense at the time you exercise your right to cancel.   For the avoidance of doubt, we will not be able to provide any refund in relation to the cost of any Wearables that have been despatched to you prior to receiving a cancellation notice from you.

9.9. Any provision of the Contract that expressly or by implication is intended to have effect after cancellation, termination or expiry shall continue in full force and effect.

9.10. Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of Termination or expiry.

Suspending the Services for medical reasons

9.11. In the unfortunate event that you are prevented by a serious injury or illness from continuing with the Services, for example where you are hospitalised, you may contact Hooke to request the suspension of the delivery of the Services until such time as you are able to resume your programme. The Term of your Contract will not continue to run until you notify Hooke that you wish to resume receiving the Services.

10. Limitation of liability: The client’s attention is particularly drawn to this clause

10.1. Nothing in this agreement excludes or limits our liability where it would be unlawful to do so, including for:

- Personal injury (including death) caused by the negligent or wilful act or omission of either party, or their servants, their subcontractors or their agents; or

- Fraud or fraudulent misrepresentation.

10.2. Hooke assumes no responsibility for the use of the Services outside these Terms and Conditions. We also recommend that you read any terms and conditions provided by any of our Third Party Service Providers in conjunction with these Terms and Conditions. Hooke bears no responsibility for treatments provided by a third party, including a third party that has been recommended by us.

10.3. You acknowledge that Hooke’s systems and the tests which form part of the Services, like any such systems and tests, are not perfect. The systems and tests used by Hooke are designed to be as accurate as possible, but inaccurate results can occur. Hooke assumes no liability for inaccurate results or reliance thereon, save where such results are the result of negligence by Hooke.

10.4. Hooke accepts no liability in relation to the Samples until they are acknowledged as received by the relevant Third Party Provider at the address specified.

10.5. Hooke assumes no liability for medical conditions that arise after the date of the Services (unless directly caused by the Services).

10.6. Hooke does not accept responsibility for loss or damage that can be traced back to inaccurate or incomplete information provided by you, whether during the term of the Contract or otherwise:

- In relation to your medical history (including family medical history) or any other personal attribute related to the provision of the Services; or

-To a question by a Hooke staff, the MDT or any other healthcare provider involved in your care, or on any consent form.

10.7. You accept all responsibility for the proper use of the Wearables. Hooke accepts no liability for your use of the Wearables, and we are not responsible for any manufacturing defect or malfunction, or for any misuse of such devices. You are advised to closely read and follow all of the manufacturer’s instructions provided with any Wearables.

10.8. Hooke bears no responsibility for business losses. Hooke provides the Services for personal domestic use only. If you use the Services for any other purposes, including commercial or business purposes, Hooke will have no liability to you for any loss, including without limitation lost profit, loss of business, business interruption, and loss of business opportunity.

10.9. Hooke will only be responsible for loss and damage that is foreseeable, and which is caused by Hooke.  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 it with us during the pre-contractual process.

11. Important information regarding Hooke’s services

Results and Analysis

11.1. You agree and acknowledge that the Results and Analysis you receive in our Report may contain information and data that you did not anticipate. This includes information that may indicate that you have a higher propensity to develop or contract certain diseases and conditions. You should carefully consider what impact such knowledge may have on your health and wellbeing.

11.2. You acknowledge that genetic research is not comprehensive and that many factors may influence the contracting or development of diseases and conditions. Furthermore, you acknowledge and accept that further testing may be required in the future as scientific research advances.

11.3. You acknowledge that it may not be possible to process your Sample in certain circumstances (e.g. if it has degraded or an insufficient volume is provide).  

Your health behaviour

11.4. You are responsible for discussing any medical advice given to you by our MDT, with any other medical practitioners or healthcare professionals who may be involved in your care separately from your Contract with Hooke.

12. Intellectual property

Hooke shall retain ownership of all Hooke IPRs, including in any Report.  Hooke grants you a limited royalty-free worldwide licence to copy and use the Report provided to you for your own personal non-commercial purposes.  You may not sell or otherwise transfer, publish or modify any Report.

13. How we use and protect your personal data

13.1. In providing Services to you under this Contract, various categories of health data will be generated. This data may include, but is not limited to, blood sample analysis, DNA sequence data, ECG data, MRI body scan data, and various other biometric and health measurements (Your Health Data). You own Your Health Data.

13.2. By entering into a Contract with us, you acknowledge and agree that we may hold and store Your Health Data and use Your Health Data to provide our Services and to produce the Report.

13.3 Hooke may wish to use Your Health Data in the future for research purposes. Wherever possible we will aggregate and anonymise Your Health Data. We will contact you to obtain any necessary consents that we may need to use Your Health Data for research purposes.

13.4. Hooke will comply with all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (DPA), the UK GDPR (as defined in the DPA), the General Data Protection Regulation ((EU) 2016/679); the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended (UK Data Protection Legislation).

13.5. Hooke shall collect and process any Personal Data (as defined in the UK Data Protection Legislation) in accordance with the Privacy Policy and Notice which accompanies these Terms and Conditions, as may be amended from time to time, such amendment being notified to you as may be required. Our Privacy Policy can also be found on our website: https://www.hooke.london/privacy-policy.

14. Changes to the Terms and Conditions

14.1. We may make changes to these Terms and Conditions from time to time and we will notify you of any material changes to the Terms and Conditions.

14.2. You acknowledge and agree that if you continue to use our Services after we have changed our Terms and Conditions, Hooke will treat your continued use of our Services as acceptance of our updated Terms and Conditions.

15. Force Majeure

Hooke shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such events include, but are not limited to, health crises, pandemics, government restrictions, importation and exportation restrictions, strikes and other labour actions, war, conflict or civil unrest, and natural weather disasters. In such circumstances Hooke shall be entitled to a reasonable extension for the time for performing such obligations. If the period of delay or non-performance continues for three (3) months, either party may terminate the Contract by giving thirty (30) days’ written noticed.

16. Entire Agreement

This agreement constitutes the entire agreement between the Client and Hooke and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

17. Third party rights

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

18. Governing law and jurisdiction

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.