3.2 You agree and understand that the App is not medically certified, and therefore the App should not be used as an alternative to seeking professional medical advice.
3.3 You agree, that prior to using the App, you have consulted with a doctor, and we shall be entitled to rely on your confirmation of having done so.
3.4 You warrant that you have made all necessary enquiries and that all information presented to us is accurate.
3.5 You shall not rely on the information in this Contract, any promotional material used by us or given within the App as an alternative to medical advice from your doctor or other healthcare provider.
3.6 If you have any specific questions about any medical matter, you should consult a doctor or other professional healthcare provider;
3.7 You are responsible for seeking immediate medical attention at any point this appears necessary.
3.8 You agree and understand that the App may not provide you with results as advertised, and understand results achieved may vary from person to person, based on an individual and the individual’s lifestyle and habits.
3.9 Nothing in these Terms will exclude any of the Supplier’s liability that may not be excluded under applicable law.
4. Your User Account
4.2 You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date information, may result in your inability to access and use the services or the termination of this agreement with you.
4.3 You are responsible for all activity that occurs on your account, and you agree to maintain the security and secrecy of your account username and password at all times. You may only possess one account.
5.1 The App may be purchased through the App providerand payment shall be made directly via Apple iOS, Android or Microsoft Windows prior to the download of the App. We reserve the right to amend the cost of the App at any time and increase the fee.
6. Your Rights to Cancel
6.1 You have the right to cancel at any point, by uninstalling the App. However, Subsequent downloads of the App may require further payment to re-install the App, possibly at an increased price in line with 5.1 above.
6.2 Once the App has been downloaded, and the digital download content has been delivered to you, you have no right to change your mind and request a refundunder the Consumer Rights Act 2015.
6.3 Should the App be faulty, or a fault cause damage to your device, provided you can demonstrate this, you may be entitled to a partial or full refund.
6.4 For clarity, the App not providing results as advertised shall not be deemed to be a fault with the App.
7. Our Rights to Cancel
7.1 We may withdraw the App from being accessible from any mobile device application provider without prior notice to you, however we will endeavour to provide you with 14 days notice prior to withdrawal.
7.2 We may also cancel our contract with you at any time and make the App inaccessible to you if you have breached these Terms in any way.
7.3 Should the App be withdrawn by us or no longer accessible either due to our own withdrawal of the App or due to you breaching these Terms in any way, no refunds shall be made with regard to any purchase of the App.
8. Third Party Services
8.1 Apple Inc., Google, Inc. and Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access our services using applications developed for Apple iOS, Android or Microsoft Windows mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to our services using these devices is subject to terms set out in the applicable third party’s terms of service.
9. How we may use Your Personal Information
9.2 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply our services to you;
(b) to process your payment;
(c) if you agreed to this during the sign-up process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us; and
(d) if you agreed to this during the registration process, to send you exclusive third-party offers or promotions.
9.3 We will only give your personal information to third parties where you have consented or where the law either requires or allows us to do so.
10. Other Important terms
10.1 Intellectual Property. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the service and any part of it, and the App , including the manner in which either is presented or appears and all information and documentation relating to them, is our property (or that of our licensors), and nothing in this agreement shall be taken to transfer any of the Rights to you. You must not attempt to reverse engineer the App or replicate the service or any of our intellectual property. Solely for the purposes of using the service and App , we hereby grant to you for the period during which the service is provided a non-exclusive, non-transferable, licence to use the rights.
10.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 28 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
10.3 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 to this in writing.
10.4 Nobody else has any rights under this contract.This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.5 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.
10.6 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
10.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Dispute Resolution Limited (CDRL) via their website at www.cdrl.org.uk. CDRL will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.