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K A M I

Privacy Policy

What are cookies?

A cookie is a small amount of data sent to your computer, tablet or mobile phone from a website. This means the website can recognise your device (your computer or mobile phone) if you return to the same site. A cookie often includes a unique identifier, which is a randomly generated number. This is stored on your device’s hard drive. Many cookies are automatically deleted after you finish using a website. Cookies are not programs and do not collect information from your device.

 

Cookies may come with or without an expiry date. Cookies without an expiry date exist until the browser is closed, while cookies with an  expiry date may be stored by the device until the expiry date passes.

How we use cookies

We use cookies on this website to make your experience of using it faster and easier. We also use cookies (from Google Analytics) to find out how you use the website. These collect anonymous information about your visits, such as your internet provider, your browser, how long you stay on the site and what pages you visit. None of this information can be linked to you and is used by us only to help improve the website. For instance, if we know which sections are most often used and which are visited less often and for less time, we can make changes that will enable the website to better meet the needs of our diverse range of visitors.

You can restrict or block cookies set by this website but this may affect your experience on the website; parts of the site may not work or may not work properly.

How to manage your cookies

Cookies are sent to your browser (whether you use Internet Explorer, Google Chrome, Safari or any other browser) by a website and then stored in the cookies directory of your device. To check and update your cookies settings, you will need to know what browser you are

using and what version of it you have. You can usually find this out by opening the browser (just as if you were going to use the internet) and then clicking on ‘Help’ and then ‘About’.

 

This will give you information about the browser version you are using. To find out how to allow, block, delete and manage the cookies on all standard web

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K A M I

Terms and Conditions

​​(Kami) Optimum Health Limited Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING (KAMI) OPTIMUM HEALTH LIMITED PLATFORM.

The Platform is operated by (Kami) Optimum Health Limited (we, us, ours). We are a company registered in England and Wales under company number 11998059. Our registered office address is at 16 Foresters Close, Wallington, United Kingdom, SM6 9DH.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at Hello@Kami.Coach.

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY. THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND

OPTIMUM HEALTH LIMITED (KAMI). (“KAMI” “WE” AND “US”). BY ACCESSING OR USING THIS WEBSITE (“WEBSITE”) OR OUR

SERVICES, COMPLETING THE REGISTRATION PROCESS AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH

(KAMI) OPTIMUM HEALTH LIMITED, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS.

Our services

(Kami) Optimum Health Limited provides access to third-party healthcare professionals (each, an “Consultant”) and products (each, a “Product”) to support users through various life transitions including fertility and parenthood (each, the “Services”) via a “Subscription” through an employer or directly from www.usekami.coach. Consultants may provide information, support through chat services, telephone calls and online video calls. (each, a “Session”).

Your employer may have entered into an agreement with (Kami) Optimum Health Limited to procure your access to our Services. We will provide information with respect to the scope and duration of the Services procured via your employer. We recommend

that you confirm these details directly with your employer.

The scope of the support provided by Consultants is non-medical. (Kami) Optimum Health Limited does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Consultant. We encourage you to consult with your healthcare provider before using our Services or engaging any Consultant. Our Services are not a substitute for a primary care physician, obstetrician, paediatrician or any other medical service.

While we endeavour to find you Consultants who will be helpful to you, we make no representation or warranty as to whether you will find any Consultants services relevant, useful, correct, satisfactory or suitable to your needs.

 

DO NOT USE THE SERVICE FOR MEDICAL OR ANY OTHER EMERGENCIES UNDER ANY CIRCUMSTANCES.

Using (Kami) Optimum Health Limited

To use the Services, you first need to sign up with (Kami) Optimum Health Limited, create an account (“User Account”) Your employer should have purchased a subscription on your behalf. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, etc.

 

You must be 18 years of age or older and reside in a jurisdiction in which the Services are provided, to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that you are of legal age to enter into a binding contract.

 

Restrictions related to the use of our services

You may not:

Upload, post, or transmit to any Consultant, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

 

Impersonate any person or entity, including another user, Consultant, or an employee of (Kami) Optimum Health Limited, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

Upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterized, or are intended, as “medical advice”;

 

Attempt to interfere with or disrupt our servers or networks;

Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

Stalk or otherwise harass another user or any of our employees or Consultant;

Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or users, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

License and limitations on use

Subject to your compliance with these Terms and the scope and duration of your Subscription, (Kami) Optimum Health Limited grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Services. Unless otherwise specified in writing, the Services is for your personal and non-commercial use. The Services, including, without limitation, the Application, content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services (the “Proprietary Materials”) are the property of (Kami) Optimum Health Limited or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in these Terms are reserved by (Kami) Optimum Health Limited. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our

written consent.

Cancellations

If you choose to cancel your User Account or your Services before the expiration of a Subscription, email Hello@Kami.Coach. If you cancel your User Account, you will not be eligible for a prorated refund of any portion of the Subscription or any Sessions you have purchased, although you may use the remaining Sessions you purchased prior to cancellation. (Kami) Optimum Health Limited reserves the right, at its sole discretion, to reject users of its Services. If we reject you after you have paid any fee, (Kami) Optimum Health Limited will reimburse the unused portion of that fee.

 

Changes to terms

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. (Kami) Optimum Health Limited reserves the right to modify or change the Terms at any time. The most current copy of the Terms will be posted and available for review on the Website. If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

Complaints

You can give us feedback on our Services by emailing us on Hello@Kami.Coach. If you have a complaint about our Services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this. If you wish to make a formal complaint about our Service, you should do so as soon as possible by emailing us on Hello@Kami.Coach. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.

We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.

If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.

If we have not resolved a disagreement about these terms, or a complaint about our services, you may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://ec.europa.eu/info/index_en (or search “odr Europe”).

 

These terms are governed by English law and the English courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.

Term and termination

These Terms will commence as of the date you first accept them (as described in the preamble). If you want to terminate these Terms you may do so by contacting us at Hello@Kami.Coach. We may terminate these Terms and/or suspend your access to the Services upon notice to you, in the event you breach any material term herein, or if we are required to do so by law (e.g. where the provision of the Website or the Services is or becomes unlawful). You agree that all terminations for cause shall be made in (Kami’s) Optimum Health Limited sole discretion and that (Kami) Optimum Health Limited shall not be liable to you or any third party for any termination of your User Account.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and content associated with or inside your User Account. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that termination of Services may involve deletion of your information and content in your User Account. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.

Other important information

You are solely responsible for your interactions with Consultants and any other parties you interact with through the Services; provided, however, we reserve the right, but have no obligation, to intercede in such disputes. You agree that (Kami) Optimum Health Limited is not responsible for any liability incurred as the result of such interactions.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND RELEASE ANY POTENTIAL FUTURE CLAIM AGAINST ANY AND ALL PERSONS OR ENTITIES (INCLUDING, BUT NOT LIMITED TO, (KAMI) OPTIMUM HEALTH LIMITED AND YOUR PRESENT AND FUTURE EMPLOYERS) THAT MAY IN ANY MANNER BE RESPONSIBLE FOR DIRECTLY OR INDIRECTLY SPONSORING THE SERVICE, MAKING YOU AWARE OF THE SERVICE OR CREATING, DISTRIBUTING OR PROVIDING INFORMATION AND MATERIALS CONTAINED ON IT OR ANY ASSOCIATED OR LINKED WEB SITE.

 

YOU ARE RESPONSIBLE FOR DETERMINING YOUR SUITABILITY TO BE A USER OF THE SERVICE AND ACKNOWLEDGE THAT ONLY YOU CAN DETERMINE WHETHER A PHYSICAL OR MEDICAL EXAMINATION SHOULD BE UNDERTAKEN BEFORE USING THE SERVICE IN ANY CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ASPECTS OF YOUR HEALTH AND WELLBEING BEFORE, DURING AND AFTER USING THE SERVICE.

Warranty Disclaimer.

YOU USE THE SERVICES AT YOUR OWN RISK. (KAMI) OPTIMUM HEALTH LIMITED DOES NOT GUARANTEE THAT YOU WILL FIND THE SERVICES RELEVANT, USEFUL, CORRECT, SATISFACTORY OR SUITABLE TO YOUR NEEDS. WE DO NOT GUARANTEE THAT ANY CONSULTANT IS CATEGORIZED CORRECTLY OR WILL BE CORRECTLY MATCHED TO YOU. (KAMI) OPTIMUM HEALTH LIMITED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY (KAMI) OPTIMUM HEALTH LIMITED OR CONSULTANTS, OR INFORMATION PROVIDED BY AN CONSULTANT OR THROUGH OUR MOBILE APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES, AND CONSULTANTS AND THE CONTENT AND SERVICE AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND (KAMI) OPTIMUM HEALTH LIMITED SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (KAMI) OPTIMUM HEALTH LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY CONSULTANT.

Kami Does Not Provide Medical Care.

IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY US. (KAMI) OPTIMUM HEALTH LIMITED IS NOT A LICENSED MEDICAL CARE PROVIDER, AND (KAMI) OPTIMUM HEALTH LIMITED DOES NOT ACT IN A HEALTH CARE PROFESSIONAL CAPACITY. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES OR FROM ANY CONSULTANTS. CONSULTATION WITH THE CONSULTANTS MADE AVAILABLE VIA THE SERVICES IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY THE CONSULTANTS MADE AVAILABLE VIA THE SERVICES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG,

DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. (KAMI) OPTIMUM HEALTH LIMITED CONSULTANTS DO NOT PROVIDE EMERGENCY SERVICES.

Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL (KAMI) OPTIMUM HEALTH LIMITED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY CONSULTANTS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF (KAMI) OPTIMUM HEALTH LIMITED FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OF EVERY KIND ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT OF FEES PAID DURING THE PRECEDING 12 MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, (KAMI’S) OPTIMUM HEALTH LIMITED

LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and to hold harmless (Kami) Optimum Health Limited, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Services or your inability to use the Services; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold (Kami) Optimum Health Limited (and its officers and directors) harmless applies whether a claim against (Kami) Optimum Health Limited is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Services caused damage to you or to any third party and/or your use and access to the

Service. This indemnification section shall survive your termination of or cessation of use of the Services.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without (Kami’s) Optimum Health Limited prior written consent. (Kami) Optimum Health Limited may assign its rights and obligations under these Terms. These Terms will inure to the benefit of (Kami’s) Optimum Health Limited successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to

assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Miscellaneous

These Terms constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties. We may discontinue or change the Services, or its/their availability to you, at any time. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

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K A M I

Direct Marketing Policy

(Kami) Optimum Health Limited Direct Marketing

We may Process your User Information to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.

 

We may Process your User Information to contact you via email, telephone, direct mail, or other methods of communication to provide you with information regarding the Services that may be of interest to you. We may send information to you regarding the Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our newsletter lists at any time by following the unsubscribe instructions included in every email we send. We will not send you any emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any other Services you have requested or for additional emails you have signed up for.

When you receive email messages or newsletters from us, we may use web beacons, customised links, clear GIFs or similar technologies to determine whether the email has been opened and which links you click in order to provide you with more focused email communications or other information, and/or to aggregate that information with other data we collect to use for some or all of the purposes outlined in our Privacy Policy.

We and our partners (including but not limited to e-commerce partners, affiliates, and analytics providers) also may use technologies such as pixel tags, e-tags, IP addresses, Local Shared Objects, Local Storage, Flash cookies and HTML5 to analyse trends; administer the Services; collect and store information such as user settings, anonymous browser identifiers and video viewing history; supplement our server logs and other methods of traffic and response measurement; track users’ location and movements around the Services; gather demographic information about our user base; and to improve our understanding of traffic on the Services, visitor behaviour, and responses to promotional campaigns. We may receive reports based on the use of these technologies by these third party companies on an individual and aggregated basis. For example, we may connect information about your IP address to known corporate or User Information and use the associated information related to aggregate content preferences to assist in our efforts to market services to you or the originating corporation(s). Various browsers may offer their own management tools for removing Local Storage.

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