CIGNA VIRTUAL HEALTH™ APP END USER LICENCE AGREEMENT

PLEASE READ THE FOLLOWING END USER LICENCE AGREEMENT CAREFULLY

Welcome to Cigna Virtual Health™. You have already downloaded a mobile software application provided by Cigna European Services (UK) Limited of Chancery House First Floor, St. Nicholas Way, Surrey, SM1 1JB (Cigna, we, us, our).

This end-user licence agreement (Agreement) is an agreement between you and Cigna for Cigna Virtual Health™ version 1 mobile application software (App).

OPERATING SYSTEM REQUIREMENTS

This App requires an Android device with a minimum OS version of 4.1.x (Jelly Bean) and Apple device with iOS 9 and internet access.

IMPORTANT NOTICE

By accessing the App and by clicking 'Accept' below you accept its terms and consent to be bound by them.

If you do not consent to this Agreement or do not wish your personal data to be processed in connection with your use of the App, you must stop downloading or discontinue use of the App and delete any copies of the App that are within your possession or control.

Cigna licenses use of the App to you on the basis of this Agreement and subject to any rules or policies applied by any provider or operator from whose site you downloaded the App (Appstore). Cigna does not sell the App to you and Cigna (or its licensors) remain the owners of the App at all times.

Some elements of the App are subject to charges. Please see section 7 below for more information.

We recommend that you print a copy of this Agreement for future reference.

DISCLAIMER

The health related information provided by Cigna through the App is general in nature. Cigna is not licensed to practise medicine and does not give medical care or medical advice. The App is provided for the purposes of generic information only and is not tailored to your particular needs. The App and its contents are not a substitute for evaluation, diagnosis, advice and/or treatment of trained medical professionals. Any decision that you make about your health is your responsibility.

We recommend that you consult with a qualified health care professional before acting on any information you receive under the App including before commencing a new exercise regime or making any changes to your diet. The App is not intended for use in medical emergencies.

Some services accessible through the App are not provided by Cigna. Cigna is not responsible for such services. Please refer to section 3 for further information.

1. ACKNOWLEDGMENTS

1.1 This Agreement applies to the App and any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms as further explained in section 3, in which case those separate terms apply.

1.2 This Agreement may change from time to time. Any changes we make to this Agreement will be displayed on-screen when you use the App. You may be required to read and accept the changes before you continue to use the App.

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4 You accept responsibility in accordance with this Agreement for the use of the App on or in relation to any mobile telephone or handheld devices that are owned by you or are controlled, but not owned, by you (Devices). We assume you have obtained permission from the owners of the Devices and to download or stream a copy of the App onto the Devices.

1.5 You acknowledge and agree that you shall only be entitled to allow a person other than you to access and use the App on your Device where such person is your dependant and under 18 years of age.

2. PRIVACY POLICY

2.1 In connection with your use and in order for you to download the App, we may collect and process your personal information. For further information on how we use and process your personal information, including what information we obtain, how we obtain it, how we use it and how we share it, please see our privacy policy which can be accessed here (Privacy Policy).

2.2 The terms of the Privacy Policy are incorporated into this Agreement. The terms of the Privacy Policy may change from time to time. You should check back periodically to view the most up to date version.

2.3 If you give us information on behalf of someone else, you confirm to us that you have obtained their permission to do so and that they do not have any objection to us processing their information in accordance with our Privacy Policy.

2.4 By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. THIRD PARTY CONTENT

3.1 The App may contain links to other independent third party websites, apps, services or content including access to GP and pharmacy services. These are set out in section 3.2 (Third Party Content). Third Party Content is not under Cigna's control. Cigna is not responsible for and does not endorse any Third Party Content. A link or other access to any Third Party Content does not constitute or imply endorsement by Cigna. You will need to make your own independent judgement regarding your interaction with any Third Party Content including the purchase and use of any products or services accessible through them.

3.2 The following elements of the App will be governed by the terms of use and subject to the privacy policies set out below. By using these elements of the App, you agree to be bound by the terms below. More details on the use made by these third parties of your personal information is set out in the Privacy Policy.

4. GRANT AND SCOPE OF LICENCE

4.1 Cigna grants to you a non-transferable, non-exclusive licence to use the App on the Devices, subject to the terms of this Agreement, the Privacy Policy and any terms of the Appstore.

4.2 You may download or stream a copy of the App onto your Devices for your personal purposes only.

5. LICENCE RESTRICTIONS

5.1 Except as expressly set out in this Agreement or as permitted by any law, you agree:

5.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

5.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

5.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

5.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that, as permitted by law, such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App;

5.1.5 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

5.1.6 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App,

together Licence Restrictions.

6. ACCEPTABLE USE RESTRICTIONS

6.1 You must not:

6.1.1 use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;

6.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App;

6.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

6.1.4 not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

6.1.5 not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

together Acceptable Use Restrictions.

7. CHARGES AND PAYMENT

7.1 Your access to the App is provided at no charge to you but the App also enables you to purchase virtual GP consultations through the My Virtual GP section of the App, as explained further in Schedule 1 (Charges and Payment) below.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with this Agreement.

8.2 You acknowledge that you have no right to have access to the App in source-code form.

9. OUR LIABILITY

9.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

9.2 This App is only supplied to you for domestic and private use. You agree not to use the App for any commercial, business, professional or resale purposes, and Cigna has no liability to you arising out of or in connection with such use including for any loss of profit, loss of business, business interruption or loss of business opportunity.

9.3 If the App damages a Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9.4 Nothing in this Agreement shall limit or exclude Cigna's liability for:

9.4.1 death or personal injury resulting from our negligence;

9.4.2 fraud or fraudulent misrepresentation; and

9.4.3 any other liability that cannot be excluded or limited by English law.

10. TERMINATION

10.1 We may terminate this Agreement immediately by written notice to you:

10.1.1 if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

10.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;

10.1.3 if you cease to be a member of our health insurance scheme and/or dental plan including, for example, if your employer ceases to be a member of the scheme, or if you cease to be a beneficiary under your employer's healthcare trust managed by us;

10.1.4 if your employer's agreement with us for the provision of the App to you is terminated;

10.1.5 if you cease to be employed by your current employer; and

10.1.6 if we cease to offer the App.

10.2 On termination for any reason:

10.2.1 all rights granted to you under this Agreement shall cease;

10.2.2 we will disable your access to the App, however, you must immediately cease all activities authorised by this Agreement, including your use of the App; and

10.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

10.3 On termination, if necessary we may prevent or disable your access to the App.

11. COMMUNICATION BETWEEN US

11.1 If you wish to contact us in writing, or if any of this Agreement requires you to give Cigna notice in writing, you can e-mail us at EuropeanCompliance@Cigna.com or write to us at Cigna, Clyde View, Riverside Business Park, 22 Pottery Street, Greenock, Scotland PA15 2UZ.

11.2 If Cigna has to contact you or give you notice in writing, Cigna will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

12. EVENTS OUTSIDE CIGNA'S CONTROL

12.1 Cigna will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Cigna's Control).

12.2 If an Event Outside Cigna's Control takes place that affects the performance of our obligations under this Agreement:

12.2.1 Cigna's obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Cigna's Control; and

12.2.2 Cigna will use its reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Cigna's Control.

13. OTHER IMPORTANT TERMS

13.1 Cigna may transfer its rights and obligations under this Agreement to another organisation.

13.2 You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.

13.3 Each of the clauses within this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

13.4 Please note that this Agreement and its subject matter and formation are governed by English law. You agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Schedule 1

Charges and Payment

My Virtual GP consultations

1.1 The applicable charges for the consultations are displayed in the My Virtual GP section of the App and you may be entitled to a limited number of consultations each year at no charge to you.

1.2 You can check if you are entitled to one or more My Virtual GP consultations at no charge by accessing the My Virtual GP section of the App which will display the number of such consultations when you follow the on-screen instructions to schedule a consultation.

1.3 Once you have used your entitlement of My Virtual GP consultations at no charge, or where no such consultations were made available to you, the charge for each My Virtual GP consultation will be specified in the My Virtual GP section of the App by following the on-screen instructions to schedule a consultation.

1.4 Any unused portion of the My Virtual GP consultations provided at no charge to you (if any) shall be deemed to have been used at the end of each 12 month period, the first such period starting on the date the App is first made available for you to download, and shall not roll-over into the next or any subsequent year.

1.5 Where your spouse and/or dependants are also entitled to use the App (Authorised Family Members), and you and your Authorised Family Members are entitled to any My Virtual GP consultations at no charge, the number of available consultations at no charge displayed in the My Virtual GP section of the App shall be the total number of consultations currently available to you and your Authorised Family Members. The number of available consultations available at no charge to you and your Authorised Family Members shall be updated each time a consultation is used by you or one of your Authorised Family Members until the total number available at no charge has been exhausted.