Executive Summary & Medical Disclaimer
• These terms and conditions apply to the use of any of the Services, documents, websites in the www.sleephack.me domains. Where indicated, additional terms and conditions apply to specific Services or websites only.
• The websites are also accessible by the general public globally. Members of the general public may also find them of interest and may use them to inform discussions with practitioners or researchers and those who make decisions about the funding of care/ research.
• If you are an individual who chooses to access the information on the websites, you should not rely on that information as professional medical advice or use it to replace any relationship with your doctor or other qualified healthcare or social care professional. For medical concerns, including decisions about medications and other treatments, individuals should always consult their doctor or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. If you are a member of the public, Sleep Hack Me recommends that you should evaluate the information on the websites together with your physician or another qualified healthcare or social care professional.
• In relation to the mention of any scientific evidence and the interpretation of it: It is in the nature of scientific debate that not all authors will agree on all matters. Further, published papers may be in error, or superseded by later research. It is the user's sole responsibility to assess all evidence and to reach a decision informed by it.
• Our Services, websites and staff do not provide medical advice. Our staff do not perform the practice of medicine through Sleep Hack Me.
• The contents of our Services are scientific information only and is not intended to diagnose, treat, cure or prevent any disease, disorder, injury or to act as triage.
• The contents of our Services and websites, such as text, graphics, images, information obtained from our licensors, and other material contained are for informational, educational and research purposes only
• If staff whom 1) hold primary medical qualifications (medical degrees) – and who may or may not be registered and or licensed to practice medicine in any jurisdiction globally - or 2) hold any statutory healthcare professional role as relevant to their jurisdiction; have contributed to the development of any Services, documents or websites they are NOT acting in their capacity as any of the listed statutory healthcare professionals in the UK or statutory healthcare professionals as relevant to their international jurisdiction, only in their capacity as non-statutory scientific and health research consultants.
• You must not rely on the information supplied from our Services or websites as an alternative to medical advice from your doctor or other professional healthcare provider.
• If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.
• If you think you may be suffering from any medical condition you should seek immediate medical attention.
• You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information included in our Services or websites
• Reliance on any information from our Services or websites is at your own risk. Sleep Hack Me is not responsible or liable for any advice, course of treatment, diagnosis, drug and device application or other information, services, or products that you obtain as a result of Services or websites we provide.
• I am aware that I am strongly encouraged to discuss any documents generated by the Services or websites with my licensed doctor. We recommend you always consult an appropriate healthcare professional for advice on your specific circumstances and situation
• You acknowledge and agree that the Services are not a substitute for actual medical diagnosis, treatment or consultation with a doctor, and that any of Sleep Hack Me’s information does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
• Sleep Hack Me and Staff have made reasonable effort to ensure the accuracy of data or information used in Sleep Hack Me Deliverables. However, Sleep Hack Me Staff, Advisors and Associates cannot accept responsibility for any errors or omission, or for any consequences from application of the data or information provided through Sleep Hack Me Deliverables, and make no warranty, expressed or implied, with respect to the currency, completeness or accuracy of the data and information within Sleep Hack Me Deliverables.
• No guarantee can be made whether developed Deliverables will meet your expectations for Deliverables recommendations or content, or that you will be able to implement these Deliverables as an organisation, a clinician or as an individual wanting a clinician to use such Deliverables.
- Upon downloading or stream content under UK law you are aware you'll lose your 14 day right to cancel
- Upon purchasing you agree to an instant download before they start the download
Terms & Conditions
The Services provided by Sleep Hack Me Limited are available subject to the following terms and conditions.
1. The Services provided and associated resources such as websites or external documents are owned and operated by Sleep Hack Me Limited (“Sleep Hack Me”) a private limited company registered in England and Wales at 30 Romsey Road, Cambridge, CB1 3DD, with company number 10299987. ("Sleep Hack Me", "us", "our" or "we").
2. Our Services are only intended for English language fluent adults (age 18+), and not for children
3. These terms and conditions apply to the use of any of the Services, documents, websites in the www.Sleep Hack Me.consulting or www.betterguidance.com, www.longevity.school or www.drzolman.com domains; the “Sleep Hack Me websites”. Where indicated, additional terms and conditions apply to specific Services or websites only.
4. The Services and Sleep Hack Me websites provide information about Sleep Hack Me’s work, including its recommendations on the use of health technologies, guidelines on the research, management and treatment of particular conditions and its ongoing development of such recommendations and guidelines and other information.
1. The information provided in Services and on the Sleep Hack Me websites is there to inform those making decisions about the funding of care and research and to assist health and social care practitioners and researchers and others to improve the quality of care, treatment and research.
2. The websites are also accessible by the general public globally. Members of the general public may also find them of interest and may use them to inform discussions with practitioners or researchers and those who make decisions about the funding of care or research.
3. Information retrieved from the websites do not override the individual responsibility of healthcare and social care professionals involved in the delivery of care to make informed professional judgments appropriate to the circumstances of the individual, in consultation with the individual and/or their guardian or carer.
4. Practitioners, commissioners, researchers and managers are reminded of their duties to avoid unlawful discrimination and to have regard to promoting equality of opportunity. No material on the websites should be interpreted in a way which would be inconsistent with compliance with those duties.
5. If you are an individual who chooses to access the information on the websites, you should not rely on that information as professional medical advice or use it to replace any relationship with your doctor or other qualified healthcare or social care professional. For medical concerns, including decisions about medications and other treatments, individuals should always consult their doctor or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. If you are a member of the public, Sleep Hack Me recommends that you should evaluate the information on the websites together with your physician or another qualified healthcare or social care professional.
6. In relation to the mention of any scientific evidence and the interpretation of it: It is in the nature of scientific debate that not all authors will agree on all matters. Further, published papers may be in error, or superseded by later research. It is the user's sole responsibility to assess all evidence and to reach a decision informed by it.
Except to the extent expressly provided otherwise, in these Terms and Conditions:
"Charges" means the following amounts:
a. The amounts specified in the Statement of Work;
b. such amounts as may be agreed in writing by the parties from time to time; and
c. amounts calculated by multiplying the Client Manager’s standard time-based charging rates by the time spent by the Client Manager’s personnel performing the Services (rounded by the Client Manager to the nearest plus or minus 5 minutes);
"Client Materials" means all works and materials supplied by or on behalf of the Client to the Client Manager for incorporation into the Deliverables or for some other use in connection with the Services;
"Client Manager" means the authorized representative of Sleep Hack Me
"Contract" means a particular contract made under these Terms and Conditions between the Client Manager and the Client;
"Deliverables" means those specified in the Statement of Work that the Client Manager has agreed to deliver to the Client under these Terms and Conditions;
"Effective Date" means the date of receipt of the signed version of this document by the Client Manager
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Services" means the consultancy services specified in the Statement of Work;
"Statement of Work" means a written statement of work agreed by or on behalf of each of the parties, this may be referred to other names in practice such as “Projects”, “Scope” and “Deliverables”; new Statement of Works will be created ongoingly during your relationship with Sleep Hack Me in which case this same contract shall apply to all;
"Term" means the term of the Contract
"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time; and
"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party and which may be specified in the Statement of Work or which the parties agree in writing shall be incorporated into the Deliverables.
Availability of the websites
1. We will make reasonable endeavours to ensure that these websites are generally available but make no representation or guarantees as to such availability.
2. We reserve the right to withdraw access to all or any part of any of these websites for periods of time in order to modify any of the content, for scheduled or unscheduled maintenance and for other purposes, without notice to you.
3. As you will receive these websites via third party telecommunications networks, you acknowledge that Sleep Hack Me cannot guarantee that the availability of these websites will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access these websites at all times.
4. These websites are therefore provided to you on an “as is” and “as and when available” basis, and your use of these websites is at your own risk.
1. We have processes in place to seek to ensure that the contents of these websites are accurate and that the links it publishes directing the user to third party websites function properly. However, we give no assurances regarding the currency, accuracy or applicability of any of the website's content.
2. Due to the nature of these websites we cannot guarantee the prompt editing or removal of any inappropriate or inaccurate information. If you find any information that is inaccurate or inappropriate then please contact us.
3. While we use virus checkers to check the content of these websites we are unable to guarantee that these websites will never be faulty, nor that it will work continuously, nor that it will be maintained in a fully operational condition nor virus and/or error free. However, we will use reasonable endeavours to correct serious faults reported by you as soon as we reasonably can.
4. You should always check any content before downloading. Any website content is downloaded by you at your own risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such content.
7. You are responsible for the provision of and payment for all telecommunications services necessary to use these websites and all hardware, equipment and other services (including but not limited to computers, modems and any other communication equipment) necessary to use these websites.
8. We provide these websites to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.
Disclaimer & Acknowledgements in respect of the use of Sleep Hack Me’s Services, Documents & Websites
1. The use of Sleep Hack Me’s Services, Documents & Websites is subject to any disclaimer included within the guidance and the following disclaimer which applies to any recipient of Sleep Hack Me’s Services, Documents & Websites whether they be a clinical professional, researcher or member of the public.
2. This guidance represents the view of Sleep Hack Me, which was arrived at after careful consideration of the evidence available. Healthcare professionals are expected to take it fully into account when exercising their clinical judgement. However, the guidance does not override the individual responsibility of healthcare professionals to make decisions appropriate to the circumstances of the individual patient, in consultation with the patient and/or guardian or carer.
3. Implementation of guidance is the responsibility of local commissioners and/or providers. Commissioners and providers are reminded that it is their responsibility to implement the guidance, in their local context, in light of their duties to avoid unlawful discrimination and to have regard to promoting equality of opportunity. Nothing in this guidance should be interpreted in a way which would be inconsistent with compliance with those duties.
Nature of information
1. Our Services and websites do not provide medical advice.
2. The contents of our Services are scientific information only and is not intended to diagnose, treat, cure or prevent any disease, disorder, injury or to act as triage.
3. The contents of our Services and websites, such as text, graphics, images, information obtained from our licensors, and other material contained are for informational, educational and research purposes only
4. Our staff cannot provide medical advice, and may not be registered, licensed or insured to practice medicine in any certain jurisdiction.
5. If staff whom hold primary medical qualifications (medical degrees) or other statutory healthcare professionals have contributed to the development of any work they are NOT acting in their capacity as any of the listed statutory healthcare professionals in the UK or as relevant to their international jurisdiction, only in their capacity as non-statutory scientific researchers.
6. You must not rely on the information supplied from our Services or websites as an alternative to medical advice from your doctor or other professional healthcare provider.
7. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.
8. If you think you may be suffering from any medical condition you should seek immediate medical attention.
9. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information included in our Services or websites
10. Reliance on any information from our Services or websites is at your own risk. Sleep Hack Me is not responsible or liable for any advice, course of treatment, diagnosis, drug and device application or other information, services, or products that you obtain as a result of Services or websites we provide.
11. I am aware that I am strongly encouraged to discuss any documents generated by the Services or websites with my licensed doctor. We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation
12. You acknowledge and agree that the Services are not a substitute for actual medical diagnosis, treatment or consultation with a doctor, and that any of Sleep Hack Me’s information does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle.
1. Mention of specific companies, organisations or authorities within any of Sleep Hack Me’s products and services does not imply endorsement by Sleep Hack Me’s staff, advisors or associates, nor does mention of specific companies, organisations or authorities imply that they endorse any of the Sleep Hack Me products and services, or Sleep Hack Me’s staff, advisors or associates.
1. Sleep Hack Me and Staff have made reasonable effort to ensure the accuracy of data or information used in Sleep Hack Me Deliverables. However, Sleep Hack Me Staff, Advisors and Associates cannot accept responsibility for any errors or omission, or for any consequences from application of the data or information provided through Sleep Hack Me Deliverables, and make no warranty, expressed or implied, with respect to the currency, completeness or accuracy of the data and information within Sleep Hack Me Deliverables.
2. No guarantee can be made whether developed Deliverables will meet your expectations for Deliverables recommendations or content, or that you will be able to implement these Deliverables as an organisation, a clinician or as an individual wanting a clinician to use such Deliverables.
1. Whilst Sleep Hack Me has gone to reasonable efforts to secure all client data through utilising security protocols, Sleep Hack Me holds no responsibility for the undesired breach, damage or loss of any such client data.
1. Sleep Hack Me holds no responsibility for any injury, damage or undesired alteration to the client’s body acquired during use of our service.
1. The Services and websites contain links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement by us of such websites, or any of the products or services contained on them. Links are made to or from the website at your own risk.
2. You should be aware that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.
3. Users may insert a simple link to the Sleep Hack Me websites from their own website provided that:
a. the website on which the link appears contains no unlawful, obscene, or offensive content and does not contain any links to such content;
b. the website on which the link appears is not likely to cause anxiety, loss, harm or personal injury to its readers; and
c. the link in no way has a negative impact on the reputation of Sleep Hack Me.
4. We reserve the right to terminate any links to the website at any time without notice and at our sole and absolute discretion.
Limitations and exclusions of liability
1. Nothing in these Terms and Conditions will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this document:
a. govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
3. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.
4. Neither party shall be liable to the other party in respect of any loss of revenue or income.
5. Neither party shall be liable to the other party in respect of any loss of use or production.
6. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
7. Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
8. Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
1. These Terms and Conditions shall be governed by and construed in accordance with English law.
2. The courts of London or Cambridge, England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
1. The Contract may not be varied except by a written document signed by or on behalf of each of the parties
General (Breaches, Unenforceability, Contractual Rights Deals, Superseding)
1. No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
2. If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
3. The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
4. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
5. Subject to the relevant Clauses in this document, a Statement of Work, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Statement of Work, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
4. The Contract shall come into force upon the Effective Date.
5. The Contract shall continue in force until the Client expresses in writing their desire for the termination of the contract
Services & Quality Assurance
1. The Client Manager shall provide the Services to the Client in accordance with these Terms and Conditions.
2. The Client Manager shall provide the Services with in accordance with the standards of skill and care reasonably expected from a leading service provider in the Client Manager’s industry
1. The Client Manager shall deliver the Deliverables to the Client.
2. The Client Manager shall use reasonable endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in the Statement of Work.
3. The Client Manager warrants to the Client that:
a. the Deliverables will conform with the requirements of the Statement of Work;
b. the Deliverables will be free from material defects; and
c. the use of the Deliverables by the Client in accordance with these Terms and Conditions will not:
1. breach the provisions of any law, statute or regulation;
2. infringe any third party's Intellectual Property Rights; or
3. give rise to any cause of action against the Client,
in each case in any jurisdiction and under any applicable law.
1. The Client and the Client Manager shall agree the Charges prior to undertaking of any work
2. The Client Manager may increase charges on a roughly annual basis to reflect changes in demand to the service or increases in quality or efficiency, in which case this will be discussed with the Client in advance
3. The Client shall pay the Charges to the Client Manager in accordance with these Terms and Conditions.
4. The Charges rate shall be agreed separately to this document on a staff by staff basis and reviewed from time to time.
5. All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Client to the Client Manager.
6. Value added tax (VAT) shall be added to the fees and expenses as and to the extent required by law.
7. In case VAT is not initially charged, the Client Manager has the right to charge such VAT later should it be determined by the relevant tax authorities that VAT should be charged.
1. The Client Manager shall issue invoices for the Charges to the Client from time to time during the Term
2. The Client must pay the Charges to the Client Manager within the period of 30 days following the receipt of an invoice issued
3. The Client must pay the Charges by debit card, credit card, direct debit, or bank transfer, using such payment details as are notified by the Client Manager to the Client from time to time.
4. If the Client does not pay any amount properly due to the Client Manager under these Terms and Conditions, the Client Manager may:
a. charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
b. claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Warranties: Quality & Legality of Service
1. The Client Manager warrants to the Client that:
a. the Client Manager has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;
b. the Client Manager will comply with all applicable legal and regulatory requirements applying to the exercise of the Client Manager’s rights and the fulfilment of the Client Manager‘s obligations under these Terms and Conditions; and
c. the Client Manager has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.
2. The Client warrants to the Client Manager that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
3. All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions and the applicable Statement of Work. Subject to the relevant Clauses in this document, no other warranties or representations will be implied into the Contract and no other warranties or representations relating to the subject matter of the Contract will be implied into any other contract.
1. Either party may terminate the Contract by giving to the other party at least 30 days written notice of termination.
2. Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
3. Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
a. the other party:
1. is dissolved;
2. ceases to conduct all (or substantially all) of its business;
3. is or becomes unable to pay its debts as they fall due;
4. is or becomes insolvent or is declared insolvent; or
5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
b. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
c. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or
d. if that other party is an individual:
1. that other party dies;
2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
3. that other party is the subject of a bankruptcy petition or order.
Effects of termination
1. Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses X]
2. The termination of the Contract shall not affect the accrued rights of either party.
Status of Client Manager
1. The Client Manager is not an employee of the Client, but an independent contractor.
2. The Client Manager is not acting in the role of a statutory healthcare professional, there is no doctor-patient relationship and no medical advice, including triage, diagnosis, preventive or reactive treatment can be provided. Do not make any changes to your health behaviours based on any of Sleep Hack Me’s Services, documents or websites without consulting your licensed healthcare professionals first.
3. The termination of the Contract will not constitute unfair dismissal; nor will the Client Manager be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.
1. The Client Manager may subcontract any of its obligations under the Contract providing that the Consultant must give to the Client, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.
2. The Client Manager shall remain responsible to the Client for the performance of any subcontracted obligations.
Intellectual property rights
1. You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, ("IP Rights") in the websites (including in all content) are owned by Sleep Hack Me and/or our licensors or other third parties, for the full duration of such rights.
3. All trade marks, logos, titles, brand and product names ("the Trade Marks") which are featured on the website are owned by Sleep Hack Me, or our licensors.
5. Reproduction, publication or distribution of the content from the website, including Sleep Hack Me copyright material, is subject to the following 'Notice of Rights'.
Notice of rights
Use of Sleep Hack Me content
6. Except for personal use, study or personal research, copyright content owned by Sleep Hack Me may not be used, reproduced, translated, distributed or transmitted in any form, in whole or in part, by any means, electronic, mechanical, photocopying, recording or other means, now known or hereafter invented, or used in any information or retrieval system, without the prior written agreement of Sleep Hack Me. Such an agreement may be subject to a licence and fee.
Third-party content included in Sleep Hack Me content
7. Some Sleep Hack Me content includes identifiable third-party content for which Sleep Hack Me will have sought permission for its inclusion. It is therefore for you to seek the necessary additional permission to re-use any content in the Sleep Hack Me content which is identifiable as being sourced from, or owned by, a third party. This may include, but is not limited to: text extracts, third-party review and comment, official publications, data, tables, illustrations and/or photography. This also includes content that Sleep Hack Me has acknowledged it has adapted. Sleep Hack Me makes no warranty in relation to any material identified as sourced from third parties in the Sleep Hack Me content.
Third-party content hosted on the Sleep Hack Me website
8. The Sleep Hack Me website hosts identifiable third-party content under licensing agreements with the specific content providers. You may print copy or download the content from the website for educational and not-for-profit purposes only. It is therefore for you to seek permission directly from the content provider to re-use any hosted content which is identifiable as being owned by a third party.
Confidential & Non-Disclosure Agreement for Services
“Information” shall mean all material relating to personal health or the health sector disclosed by either Party and information which is disclosed to the receiving Party in connection with any client health data, health service, health decision, business discussion, conference or other dealings between the Parties, whether written visual or oral, which shall include but shall not be limited to previous health data, newly acquired health data in the course of business, all other health data, trade secrets, systems, concepts, designs, configurations, techniques, copyrighted matter patented or patentable inventions, plans, methods, drawings, data, documents or other paperwork, computer programs, narratives, but also includes business and marketing plans, dealings arrangements, objectives, locations and customer information.
“Third Party” shall mean any individual, firm, association or body corporate that is not a staff member of Sleep Hack Me and is not the Client themselves.
1. The Parties acknowledge that in order to enable them to conduct a business relationship, each Party may be required to disseminate the other Party’s Information to various employees or partners.
2. Each Party undertakes to cause any of its staff or third parties to whom such Information is transmitted to be bound to the same obligation of secrecy and confidentiality to which the Parties are bound under this Agreement.
3. In all cases in which information is to be shared from beyond the Parties, neither Party shall communicate the other Party’s information in any form to any other staff or partner without the other Party’s prior written consent unless either Party has agreed to the sharing of their data in a specific way previously.
4. In the case of seeking review by another staff member or partner or Third Party, information will be fully anonymised to be untraceable to the client by default to Sleep Hack Me’s best efforts; unless stated in writing by the client; or unless the receiving Third Party requires identification to provide such information and it is judged by the disclosing Party to be to the other Party’s benefit with no identified potential harms.
5. Notwithstanding Clause 2.1, it is acknowledged that certain information may be required to be communicated to Third Parties, but neither Party shall communicate the other Party's information in any form to any Third Party without the other Party's prior written consent.
6. Written consent is necessary for any information to be disclosed to any Third Party, which can only be disclosed pursuant to a non-disclosure agreement between the Party providing the information and the Third Party unless agreed upon in writing before.
7. That non-disclosure agreement shall conform to this Agreement, any variation being subject to the written consent of the other Party.
8. The receiving Party agrees that information shall not be copied or reproduced by it or submitted to a Third Party without the express permission of the disclosing Party.
9. The receiving Party shall use the information only for its own review and service purposes and shall not use the information to develop any service beyond those provided by Sleep Hack Me unless agreed by the disclosing Party.
10. Third Parties must not use received information for its own financial or other benefit, beyond what is needed to perform the Statement of Work
a. Exceptions should be agreed to be discussed between the Parties
11. Neither party shall use any relevant information for the purpose of making any investment, collaboration, funding or other business decision in relation to any of a Party’s business partners that are disclosed to the other Party.
a. Business Partners include service provider partners of the Parties and organisations or persons who are recipient of investment by the Parties
b. If either party wishes to initiate an investment, collaboration or other business decision in relation to either Party’s business partners, this should be discussed between the Parties and terms agreed and signed in writing
12. In addition, the Parties further agree that you shall not without the other Party’s prior written consent, meet with, solicit, contact or otherwise pursue any business relationship (whether as investor, funder, partner or other relationship) with any disclosed business partner of either Party.
13. If the case where a Party is not clear what constitutes a business partner of either Party, they should confirm this with the corresponding Party
3. Intellectual property rights
1. The Parties agree that all rights to the information shall be and remain the property of the originating Party
2. Nothing contained in this Agreement shall affect the respective rights of each Party.
3. This Agreement shall not operate as a direct or indirect assignment or license or public disclosure of any patent, copyright, registered design, trademark or any other proprietary right held by either Party.
4. Survival of terms
1. The obligation of this Agreement shall terminate only with respect to a portion of a Party's information:
a. If either Party can show that the information received from the other is or has become generally available to the public through no violation of the terms of this Agreement;
b. If either Party at any time lawfully obtains such information in writing from a Third Party under circumstances permitting its disclosure, or
c. If such information is disclosed with the prior written consent of the Party to whom such information belongs, provided that any disclosure complies in all respect with Clause 2 and the terms of such written consent.
regards to all information disclosed by either Party, the obligations of this Agreement with respect to either Party’s Confidential Information shall not terminate after the date this Agreement is executed by the Parties.
2. Upon termination either Party shall within ten (10) days of a written request received from the other Party return all the information provided by that Party as shall be specified in the written request.
5. Injunctive relief
1. The Parties agree that in the event of any violation or threatened violation of this Agreement, the injured Party shall be authorised and entitled to obtain from any court of competent jurisdiction injunctive relief, as well as an equitable accounting of all profits or benefits arising from such violation.
6. Governing law
1. This Agreement shall be governed by and construed in accordance with English law and both Parties shall submit to the exclusive jurisdiction of the Courts of England and Wales, and shall be dealt with in the courts of London or Cambridge.
1. If a court finds any provision of this Agreement invalid or unenforceable, the offending clause shall be amended to give effect to this Agreement, (so far as such clause may be amended), and the remainder of this Agreement shall be interpreted so as to give effect the intent of the parties
1. Nothing contained in this Agreement shall be deemed to constitute either party apartner, joint venturer or employee of the other party for any purpose.
1. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
1. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
Email, internet and mobile communication (electronic communications)
1. Sleep Hack Me provides requires Clients to communicate by electronic communications via end-to-end encrypted messaging applications, however clients may choose to use e-mail. Transmitting confidential health information by e-mail, however, has several risks, both general and specific, that should be considered before using e-mail.
i. General e-mail risks are the following: e-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients; recipients can forward e-mail messages to other recipients without the original sender(s) permission or knowledge; users can easily misaddress an e-mail; e-mail is easier to falsify than handwritten or signed documents; backup copies of e-mail may exist even after the sender or the recipient has deleted his/her copy.
ii. Specific e-mail risks are the following; clients who send or receive e-mail from their place of employment risk having their employer read their e-mail.
iii. The Client should understand that if for any reason they choose to disclose information regards sensitive medical history, this should not be done via email, and doing so it at their own risk due to the aforementioned general and specific risks; this include but are not limited to communications concerning diagnosis or treatment of AIDS/HIV infection; other sexually transmissible or communicable diseases, such as syphilis, gonorrhoea, herpes, and the like; behavioural health, mental health or developmental disability; or alcohol and drug abuse.
b. Sleep Hack Me will use reasonable means to protect the security and confidentiality of e-mail or electronic communications. Because of the risks outlined above, we cannot, however, guarantee the security and confidentiality of e-mail or internet communication.
c. Sleep Hack Me endeavour to encourage the use of electronic communication means other than e-mail, such as end to end encrypted internet-based messaging apps, of which may not have the same specific or general risks of email-based communication
d. If the Client uses email or other electronic communications methods as a means to communicate sensitive information, the Client consents to the use of that electronic communications methods for confidential information after having been informed of the above risks. Consent to the use of electronic communications, including e-mail includes agreement with the following conditions:
i. Sleep Hack Me may forward electronically communicated messages to other Sleep Hack Me staff members as appropriate to provide the Services, Sleep Hack Me will not, however, forward messages to a 3rd party without the consent of the client as required by law.
ii. Sleep Hack Me will endeavour to read a message promptly but can provide no assurance that the recipient of a message will read the message promptly.
iii. It is the responsibility of the sender to determine whether the intended recipient received the message and when the recipient will respond.
iv. Sleep Hack Me cannot guarantee that electronic communications will be private. However, we will take reasonable steps to protect the confidentiality of the message but Sleep Hack Me is not liable for improper disclosure of confidential information not caused by its employee’s gross negligence or wanton misconduct.
v. If consent is given for the use of electronic communications, it is the responsibility of the Client to inform Sleep Hack Me of any types of information you do not want to be sent by each method of electronic communications.
vi. It is the responsibility of the client to protect their password or other means of access to electronic communications services sent or received from Sleep Hack Me to protect confidentiality. Sleep Hack Me strongly recommends protecting your electronic communications service accounts with 2 factor authentication where possible and signing out immediately after completing your work. Sleep Hack Me is not liable for breaches of confidentiality caused by the client. Any further use of any particular electronic communications service initiated by the client that discusses sensitive information constitutes informed consent to the foregoing.
I understand that my consent to the use of electronic communications and e-mail may be withdrawn at any time by electronic communications or written communication to Sleep Hack Me.
I have read this section carefully and understand the risks and responsibilities associated with the use of electronic communications and particularly e-mail.
By signing at the foot of this document I agree to assume all risks associated with the use of electronic communications and e-mail.
Use of your data
1. Confidentiality and your data
1. Your identifiable data will not be accessible by anyone other than the minimal number of Sleep Hack Me staff and service providers as to provide Services
2. Your data will only be visible by Sleep Hack Me staff and service providers for the purposes of delivering Services.
3. Where possible your data will be fully anonymised prior to sharing with other Sleep Hack Me staff or service providers.
2. Data collected (including audio, video and photographic data)
1. We may collect the following Data, which includes personal Data, from you: Name, date of birth, health data including genomic, medical imaging, height, weight, ethnicity, bodily fluid test results
2. in each case, in accordance with this agreement.
3. We will retain any Data you submit for as long as is needed to provide a Service to you or until requested for any or all your data to be removed or changed.
3. Data management
1. For purposes of the Data Protection Act 1998, Sleep Hack Me is the "data controller".
2. We will retain any Data you submit for as long as is needed to provide a service to you or until requested for any or all of your data to be removed or changed.
3. In the case where you request any of your data to be removed or changed, we will consult with the legal, regulatory or other requirements relevant to such data in order to determine the extent of actions we can provide. For example, we may be required to store certain health data for certain minimum periods of time to satisfy audit requirements by regulators, or tax requirements by governments.
4. Unless we are obliged or permitted by law to do so, and subject to any third-party disclosures specifically set out in this policy, your Data will not be disclosed to third parties.
5. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.
6. Any or all the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our services. Specifically, Data may be used by us for the following reasons:
a. provision of the Services
4. Accessing your data
1. You have the right to ask for a copy of any of your personal Data held by Sleep Hack Me (where such Data is held) for a cost reasonable for the staff time and necessary hardware, software and services to deliver such data.
5. Data security
1. Data security is of great importance to Sleep Hack Me and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected
2. If password access is required for certain parts of the service, you are responsible for keeping this password confidential.
3. We endeavour to do our best to protect your personal Data. However, transmission and or storage of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted or stored via our services.
4. If chosen to opt out of any security recommendation, security software, or security hardware we advise to you of which makes Sleep Hack Me’s data practices not compliant with the Data Protection Act, Sleep Hack Me hold no liability for any breach, damage or loss of your data.
a. Sleep Hack Me will go to their best efforts to notify you when this is occurring and to inform you of potential alternative practises and risks with current practice.
b. Written informed consent from the Client will be obtained, certifying that they opt out of Data Protection Act compliant security practice. This written informed consent will be stored. Sleep Hack Me have included this term to allow a more personalised experience if a client should want to use their own software and hardware in a manner not advised by Sleep Hack Me.