Terms and Conditions
Last updated: 09 April 2021
Who we are and what these terms and conditions do
These terms and conditions ("Terms") describe the basis upon which you may use the Goldster platform ("Goldster Platform"). The Goldster Platform is made available to you for use on our website www.goldster.co.uk. Your use of our website when accessing the Goldster Platform is subject to our Website Terms and Conditions.
Goldster is operated and provided to you by:
- Goldster, which is a trading name of Goldster Limited, a private limited company registered in England under company number 13084427 and having its registered office at Stag House, Old London Road, Hertford, England, SG13 7LA ("Goldster"); and
- Care Visions Healthy Ageing, which is a trading name of Care Visions Healthy Ageing Limited, a private limited company registered in England under company number 13079005 and having its registered office at Stag House, Old London Road, Hertford, England, SG13 7LA ("Care Visions").
Goldster and Care Visions will be referred to as "we", "us", "our" in these Terms.
We specialise in the delivery of therapeutic and non-pharmacological intervention services for older people. Our services consist of programs designed to provide non-pharmacological interventions in the form of therapies and activities for various stages and symptoms of ageing. Interventions offered as part of the programs typically include, but are not limited to, physical, cultural and creative activities and therapies including physical exercise workouts, yoga, pilates, tai chi, mindfulness, meditation, dance, singing, music, acting, creative writing, poetry, reflexology, massage, cooking, book club, photography, life coaching, positive psychology, yoga CBT classes and nutrition and health lectures for healthy ageing; and cognitive stimulation, reminiscence therapy, physical exercise, reality orientation, music therapy, art therapy, multisensory stimulation, massage, aromatherapy, validation therapy, meditation and gardening therapy for dementia. These services are provided both in person (on a one-to-one basis at a service user's home, or in a group setting), and remotely through video link and pre-recorded video content. We may add to or cease providing any of these services at any point.
Licence to use the Goldster Platform
Subject to these Terms, we license you to use the Goldster Platform and any updates or supplements to it. You will be entitled to make use of the services made available through the Goldster Platform ("Services"). These Services may consist of, but are not limited to:
- live classes;
- pre-recorded instructional videos;
- future research opportunities; and
- educational lectures.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Goldster Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Support for the Goldster Platform and how to tell us about problems
- Contacting us (including with complaints). If you think the Goldster Platform or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org
- How we will communicate with you. If we have to contact you we will do so by email and/or SMS using the contact details you have provided to us.
How you may use the Goldster Platform
In return for your agreeing to comply with these Terms you may access, view and use the Goldster Platform and any Services on our website through your internet browser. This may be done on a desktop, handheld or other mobile device capable of accessing the internet, and which meets the minimum technical requirements to utilise our Goldster Platform. You may only use the Goldster Platform and Services for your personal purposes.
You must be 18 to accept these terms and use the Goldster Platform
You must be 18 or over to accept these terms and use the Goldster Platform.
You may not transfer the Goldster Platform to someone else
We are giving you personally the right to use the Goldster Platform. This includes your use of the Goldster Platform for the benefit of someone to whom you provide care, or for whom you are responsible (e.g. where you have been granted a power of attorney by someone). You may not transfer the use of the Goldster Platform to someone else, whether for money, for anything else or for free.
You must keep your account details safe
We will collect information from you in order to register you (or the individual who you are responsible for or providing care to) for the Goldster Platform. This may involve the creation of an account which is personal to you (or the individual you are responsible for). Such an account may involve issuing you with a unique identification reference, or the creation of a unique login and/or password.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at email@example.com
Changes to these terms
We may need to change these Terms to reflect changes to our services, our users' needs and our business priorities or as may be required by law or best practice.
We will give you notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes, depending on the nature of the change you may be permitted to continue to use the App in accordance with the existing terms but certain new features may not be available to you or at our sole discretion we may notify you that you will not be permitted to continue to use the Goldster Platform.
Update to the Goldster Platform
From time to time we may automatically update the Goldster Platform to upload, update or remove content or materials available on the Goldster Platform, to update or amend the Services available through the Goldster Platform, improve performance, enhance functionality or address security issues.
If someone else owns the phone or device you are using
If you access, view or use the Goldster Platform on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
We may collect technical data about your device
We are not responsible for other websites you link to
The Goldster Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Your contract with us
The prerequisite for the use of the Goldster Platform (including any service packages subject to cost and/or free trial offers or other services) is that you (or the person for whom you are responsible) register your details with us. We can offer free trials of content and/or Services on the Goldster Platform during a trial period either in the form of independent offers or upon free registration, or in combination with the purchase of a paid service package. Irrespective of any agreements or terms and conditions providing otherwise, there is no entitlement to a free trial.
When we confirm your registration with us (for example, where you complete the creation of a user account for use of the Goldster Platform) you will have entered into a contract with us for the provision of services. You will also be deemed to have entered into a contract with us where we accept payment from you in exchange for the provision of services to you (e.g. a paid Services package) or where we activate an unpaid service, feature, trial or other offer for you.
You understand and agree that any sums charge by us to you will include value added tax at the prevailing rate when such charge is made. We will send you invoices for payments made by you electronically to the email address provided by you when you registered with us (or any subsequent email address provided by you to us which we acknowledged).
If payment in one complete sum for a certain period has been agreed, the total sum shall be due at the beginning of that period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
If we have agreed to charge you monthly for a particular Service, then the agreed monthly amounts shall be debited from the bank account, debit / credit card, or other payment method that was used by you when we accepted payment from you. Where you agree to pay by direct debit, you (or the person for whom you are responsible) authorise us to collect payments owed by you from the account nominated at the time when you provide us with your direct debit instruction / authorisation.
If you (or the person for whom you are responsible) fail to pay us when payment is due, we will have the right to block your access to the Goldster Platform temporarily until the owed payment is received, after giving prior warning and without prejudice to any rights you may have under law. In this case, the term of the contract entered into between us shall remain unaffected by the temporary block.
We reserve the right to withold or suspend your access to the Goldster Platform in the event of any delay or failure to pay any sums due to us under these Terms.
Expiry or termination of our contract with you
The term of the contract between us for the operation of your account will be for the duration of the account, and will end either when you close the account, or where we close or terminate the account (whichever is earlier).
The term of the contract between us for a paid service that you have purchased will be the agreed period of the service being provided to you. Following the expiry of the agreed period, the contract between us will automatically renew for subsequent term that is equal to the initially agreed period. You have the right to cancel the services being provided by terminating your contract with us at least one month prior to the expiry of the term (or renewed term).
Notwithstanding the above, where you have availed of an unpaid trial of our services, we or you may terminate the contract any time prior to the expiry of the trial period, in which case any paid service packaged purchased by you in conjunction with the unpaid trail will also terminate (i.e. the paid for service package due to commence at the expiry of the unpaid trial will not commence). HOWEVER, WHERE YOU DO NOT TERMINATE THE CONTRACT PRIOR TO THE EXPIRY OF THE TRIAL PERIOD, ANY PAID SERVICE THAT YOU HAVE PURCHASED IN CONJUNCTION WITH THE UNPAID TRIAL SHALL BE DEEMED TO HAVE COMMENCED ON THE DAY FOLLOWING THE EXPIRY OF THE TRIAL PERIOD, AND THE TERM AND TERMINATION OF SUCH CONTRACT (FOR THE PAID SERVICE) WILL BE SUBJECT TO THE PARAGRAPH ABOVE.
You can terminate a contract with us online by using the relevant feature for this purpose on your account, or by contacting us on the details below:
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Goldster Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Goldster Platform or the Services (including, without limitation, any images and/or live or pre-recorded audio or video content provided on the Goldster Platform), except as part of the normal use of the Goldster Platform or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Goldster Platform, or Services nor permit the Goldster Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Goldster Platform and the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Goldster Platform or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Goldster Platform to obtain the information necessary to create an independent program that can be operated with the Goldster Platform or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software or services that are substantially similar in their expression to the Goldster Platform or the Services;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Goldster Platform or any Service.
Acceptable use restrictions
- not use the Goldster Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Goldster Platform, or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Goldster Platform or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Goldster Platform or any Service;
- not use the Goldster Platform or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect, record or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the Goldster Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Goldster Platform and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Goldster Platform or the Services other than the right to use them in accordance with these Terms.
Our responsibility for loss or damage suffered by you
You agree and acknowledge that your use of the Goldster Platform, including the information or Services provided through it, is at your own risk, To the fullest extent permitted by law, we expressly exclude:
- any representations, conditions, warranties, guarantees, or other terms (whether express or implied) which may be applicable under law; and
- any and all liability (including, without limitation, under delict, tort, breach of contract or any other rule of law) for any direct, indirect, special or consequential loss or damage incurred by you (or anyone for whom you are responsible);
which may arise as a result of your use (or the use by someone for whom you are responsible) of the Goldster Platform, or any information, Services or other content and materials available on the Goldster Platform.
Subject to the above, we are responsible to you only for foreseeable loss and damage caused by us, provided the loss or damage has not arisen due to you (or the person for whom you are responsible) breaching these Terms. 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 these Terms 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 you accepted these Terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Goldster Platform and Services are for domestic and private use. If you use the Goldster Platform or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Safety warning and disclaimer
- Unless expressly stated or agreed otherwise by us at the time we provide you with use of the Goldster Platform, or use of the Services on the Goldster Platform, the information and Services available on the Goldster Platform are intended for informational, educational and interest use only. The information and Services provided on the Goldster Platform have not been prepared for any individual's specific requirements, and each individual (or those that are responsible for them) must ensure that the information is appropriate for them.
- You should consult your doctor or general practitioner before taking any action based on the information or Services provided on the Goldster Platform. You should not rely on the information and services provided by us as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any questions or concerns about your health, you should always consult with your doctor, general practitioner or other appropriately qualified health care professional. Do not disregard, avoid or delay obtaining medical advice on the basis of any information or services available from us (whether provided in person or remotely, including on this Goldster Platform), or which may be provided by us on any third party website. You should be aware that professionals in the medical or health care field may have different opinions. Due to this and also because of regular advances in medical research and knowledge we strongly recommend that you independently verify any information, advice, materials Services, or other content available on the Goldster Platform before using or relying on them.
- You acknowledge and accept that the use by you of any information or Services provided by us on our Goldster Platform:
- does not constitute (and must not be taken to be) medical or therapeutic advice;
- does not constitute a doctor-patient, or health care professional-client relationship, between us (or any platform or third party service on which our information or services are being viewed/received) and you;
- is on the basis that you are medically (both physically and mentally) fit for, and do not have any medical conditions, illnesses or other impediments that would prevent you from, using the information and Services on the Goldster Platform (for example, you are physically and mentally fit enough to participate in a live yoga class broadcasted through the Goldster Platform);
- is on the basis that prior to performing any activities or exercises shown in any content, materials, information or Services on the Goldster Platform, you have ensured that you are in a safe environment which is free from any hazards or dangers that would prevent you from performing the activity or exercise, or which may cause you harm, injury or damage when doing so (e.g. there are no slip or trip hazards near you); and
- is solely at your own risk.
Although we make reasonable efforts to update the information and Services provided by the Goldster Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
While every effort is taken to ensure the content, materials, information and Services provided on the Goldster Platform are accurate, we and our group companies and affiliates, and their directors, employees, contracted companies, contractors, expert panel members, peer reviewers, presenters, guest speakers and third-party suppliers are not responsible for, and shall have no liability for, the scientific accuracy or validity of any written, audio, video or live content, advice, information, Services or other materials provided.
Please also be aware that whilst we have engaged presenters, experts and other individuals to present or provide information, Services, content and materials on the Goldster Platform, their views and opinions are entirely their own, and may not reflect the views, opinions and values of Goldster or Care Visions.
Please back-up content and data used with the Goldster Platform
We recommend that you back up any content and data used in connection with the Goldster Platform, to protect yourself in case of problems with the Goldster Platform or the Services.
Check that the Goldster Platform and the Services are suitable for you
The Goldster Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Goldster Platform meet your requirements.
We are not responsible for events outside our control
We are not responsible or liable if our provision of the Goldster Platform or the Services is affected or delayed by an event outside our control.
We may end your rights to use the Goldster Platform if you break these Terms
We may end your rights to use the Goldster Platform and/or the Services at any time by contacting you if you have breached these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Goldster Platform and/or the Services:
- you must stop all activities authorised by these Terms, including your use of the Goldster Platform and the Services;
- you must delete or remove the Goldster Platform from all devices in your possession and immediately destroy all copies of the Goldster Platform which you have and confirm to us that you have done this;
- we may remotely access your devices and remove the Goldster Platform from them and cease providing you with access to the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
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.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These Terms, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Scotland, you may also bring proceedings in Scotland, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of England and Wales, you may also bring proceedings in England and Wales.
This Goldster Platform is intended for use primarily in the United Kingdom. However, the Goldster Platform is also available in other countries around the world, and where you access the Goldster Platform from a country outside the United Kingdom, your use of the Goldster Platform may be subject to the laws of that country.