1. General
Information about Sympa Health
These terms and conditions (the “Terms“) are applicable to all services provided by BEAA LTD (13830605) (“Sympa Health“, “us“, “our” or “we“) to our customers (“you“).
Contact information
You may contact us by email on contact@sympahealth.co.uk (“Contact Information“).
Agreeing to the Terms
By creating an Account or using the Services you agree the Terms. If you do not agree to these Terms, you must not create an Account or use the Services.
Changes to the Terms
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email or via the App. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, by continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Site and in the App.
Definitions
“Account” means the account that you register and create on the Site and/or in the App.
“App” means our application accessible via computer or mobile device relating to the Services. Contact Information” means the information set out above.
“Functions” means the Site, the App, your Account and the Services, jointly.
“Privacy Policy” means our Privacy Policy which describes how we process personal data.
“Services” means the services described under section “Services” below which we have made available through the Site, and the App, together with any such other related goods, equipment, services and information made available by us to you.
“Site” means our website (www.sympahealth.co.uk) relating to the Services.
2. Services
Description of the Services
We provide a website with general content around women’s health and hormone health. (the “Services“). More information about the Services can be found on the Site and in the App.
Setting up an Account
For ordering of the Services, you can create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been created, and payment has been made where prepayment is required, the Services will be available and ready to order, as instructed on the Site and in the App.
Order Services
The Services shall be ordered in accordance with the instructions on the Site and the App.
Our confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us. If we are unable to confirm your order, we will inform you of this in writing and not charge you anything.
Delivery of Services
During the order process we will let you know when and where we will provide the Services.
3. Your Obligations
Eligible customers
We offer the Services to individuals acting as consumers (as defined under applicable local law).
Use of the functions
When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.
We may have to suspend the supply of any of the Functions to:
- >Deal with technical problems or make minor technical changes; or
- Update changes to the Functions to reflect changes in applicable laws and regulatory requirements.
We will contact you in advance in case we need to suspend the supply of any Services. This does not apply if the problem is urgent or an emergency.
We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
Your responsibility for the products
All and any products provided to you as part of the Services are owned by Sympa Health and should at all times be handled with reasonable care.
4. Term & Termination
Term
The term for our Services commences.
Termination
To terminate the Services or by contacting us using the Contact Information.
Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.
Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
5. Our Liability
Complaints
In the event that you have any complaints about the Services, you may make a complaint by using any of our Contact Information.
Your rights in the event of defects
We are under a legal duty to supply services and products that are in conformity with our contract with you. In the event of defects, you may:
- If the fault relates to goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
- If the fault relates to digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: a) If your digital content is faulty, you’re entitled to a repair or a replacement. b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- If the fault relates to services, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
Delay
Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:
- Require that we fulfil the Services.
- Where the purpose of the Services has forfeited, and we ought to have understood that, you may terminate the agreement.
- Claim damages (you may claim economic damages for any damage caused by the delay).
Cancellation
If you cancel the Services before they have been completed, we are entitled to compensation for the part of the Services that have already been performed. We may also claim compensation for loss of income for not being able to perform other work.
Third party services as a part of our Services
Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them.
Our responsibility for loss or damage suffered by you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a consumer
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, 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 that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the Site or the App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site or the App. You should use your own virus protection software.
You must not misuse our Site or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or the App, the server on which the Site or the App is stored or any server, computer or database connected to the Site or the App. You must not attack the Site or the App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the App will cease immediately.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
6. Withdrawal Right
Right of withdrawal
In accordance with the Consumer Contracts Regulation 2013 you have the right to change your mind and withdraw within fourteen (14) days from the day on which you acquire the Services.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information.
To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you are a consumer and you withdraw from a contract with us, we will reimburse all payments received from you. Refunds will be processed by using the same means of payment as you used for the initial transaction.
Where we have already performed parts of the Services before you notify us your wish to withdraw, we are entitled to reimbursement at an amount proportionate to the amount payable for the full Services.
Withdrawal exemptions
Your right as a consumer under the Consumer Contracts Regulation 2013 to withdraw does not apply if your withdrawal right is in respect of any of the below relating to products:
- digital products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
7. Privacy
We process your personal data in accordance with our Privacy Policy.
8. Property And Intellectual Property Rights
Our rights
The Site and the App are owned and operated by Sympa Health. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
Respect for our property
You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
9. Applicable Law
Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
10. Complaints and Disputes
If you have any complaints, please contact our support department by using any of our Contact Information.
Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.
Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
11. Company Information
BEAA Ltd
The Wesley Centre Blyth Road,
Maltby, Rotherham, England, S66 8JD
Contact email: contact@sympahealth.co.uk
