(A) Terms of app and website use
Information about us
www.active-x.co.uk and the Active X Health app are services operated by Active X Clinics Ltd (“We”). We are registered in Scotland under company number SC246156 and have our registered office at 21b Coates Crescent, Edinburgh, EH3 7AF. This is also our main trading address.
We are a limited company.
This Website and App Do Not Provide Medical Advice
The contents of the Active X Website and Active X Health Mobile App, such as text, graphics, images, information obtained from Active X Health’s advisers, and other material contained on the Active X Health App (“Content”) are for informational purposes only and we make no representations, warranties or guarantees, whether express or implied, that the content within our app or on our site is accurate, complete or up to date. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read/heard on the Active X Health Site or app!
Visitors to the site who wish to use any of the paid services and features offered by our app must register. The information provided as part of the registration process must be true, accurate and current and must be updated if any of the information changes.
Jurisdiction and applicable law
Those who choose to access this site or app from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. This site or the app is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this site or the app is prohibited. Persons to whom such restrictions apply must not access this site or the app.
Accessing our site
Access to our site or app is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site or app without notice (see below). We will not be liable if for any reason our site or app is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site or app, or our entire site or app.
Intellectual property rights
Unless otherwise indicated, we are the owner or the licensee of all intellectual property rights on our site or app, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site or app for your personal reference and you may draw the attention of others within your organisation to material posted on our site or app.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors), or the status of any third party as the authors of material on our site or app must always be acknowledged.
You must not use any part of the materials on our site or app for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
The information contained in this site and app, and any advice or opinion given is for educational purposes only and is not intended nor implied to be a substitute for a consultation with a healthcare professional. We cannot guarantee that information provided by us through this site or the app will meet your health or medical requirements. You should seek appropriate medical advice before taking or refraining from taking any action in reliance on any information contained in this site or app. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or app, or by anyone who may be informed of any of its contents. Whilst we have taken every precaution in compiling this site and app, none of its contributors can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they are based, as a result, direct or otherwise, of our provision of information contained in or accessed through this site or app. The site may include information and materials uploaded by other users of the site or app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site or app do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at email@example.com.
Our site changes regularly
We aim to update our site and app regularly, and may change the content at any time. If the need arises, we may suspend access to our site or app, or close it indefinitely. Any of the material on our site and app may be out of date at any given time, and we are under no obligation to update such material.
We have used all reasonable care and skill in compiling the content of this site and app. However, our responsibility for loss or damage suffered by you is excluded or limited as follows:
- Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for death or personal injury arising from our negligence, the negligence of our employees, agents or subcontractors, nor our liability for fraud or fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, depending on whether you are using our site or app for business purposes or as a consumer, which will be set out in our Terms and conditions of supply as follows:
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or app or any content on it or them.
- We will not be liable to you for any loss or damage, whether in contract, delict/tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our site or app; or
- Use of or reliance on any content displayed on our site or app.
- In particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site or app 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.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of services or information formed through our site or the app or as a result of visits made by you are governed by our terms and conditions of supply below.
Viruses, hacking and other offences
You must not misuse our site or app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or app, the server on which our site or app is stored or any server, computer or database connected to our site or app. You must not attack our site or 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 such 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 our site or app will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or app or to your downloading of any material posted on it, or on any website linked to it.
We do not guarantee that our site or app will be secure or free from bus or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site or app must not be framed on any other site, nor may you create a link to any part of our site or app other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site or app other than that set out above, please address your request to firstname.lastname@example.org
Links from our site
Where our site or app contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Material appearing on this site or app will include advertising and other material submitted by parties other than us. We will not be liable for any loss or damage caused by a third party’s service or product advertised in any area of our site or app. We accept no responsibility for any information presented by a third party on our site or app nor do we accept responsibility for any loss or damage that may arise from your use of such information.
If you have any concerns about material which appears on our site or app, please contact email@example.com
Thank you for visiting our site and using it and our app.
(A) Terms of Supply
An informational resource with a number of lessons/modules providing information on health matters.
A behavioural change and tracking platform;
A progress reporting system
A health-related podcast
These Terms will apply to any contract between us for the sale of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before signing up to use any Services through our site. Please note that before signing up to use any Services you will be asked to agree to these Terms. These Terms tell you who we are, how we will provide the Services to you, how we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or you require changes, please contact us to discuss.
Please click on the button marked “Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to sign up to use any Services within our app.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 7.
These Terms, and any Contract between us, are only in the English language.
2. Information about us
2.1 We operate the website www.active-x.co.uk and www.activexhealth.com and the associated mobile app “active X health”. We are Active X Clinics Ltd, a company registered in Scotland under company number SC246156 and with our registered office at 21B Coates Crescent, Edinburgh, EH3 7 AF.
2.2 To contact us, please use the following e-mail address firstname.lastname@example.org
2.3 Use of our site and app
3. How we use your personal information
4. Are you an end user or a business customer?
In some areas you will have different rights under these Terms depending on whether you are an end user / consumer or business. You are an end user/ consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
5. If you are an end user / subscriber
This clause 5 only applies if you are an end user / subscriber/ consumer
5.1 If you are an end user, you may only subscribe for Services from our site and app if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not an end user, you confirm that you have authority to bind any business on whose behalf you use our site to subscribe for Services.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 In order to subscribe for our mobile app and web services, you must confirm that you have read these terms by tapping the “Accept” box when subscribing to the app.
7.2 You should not tap “Accept” unless you have read and agree to accept our terms as laid out on this page. Please take the time to read all of our terms carefully before tapping “Accept”.
7.3 In order to complete the subscription process for using our app and web services, you only need to tick the box confirming your acceptance of our terms and conditions. In order to complete the subscription process for any of our in-person clinical services, you will receive an e-mail from us acknowledging that we have received your request for an appointment. However, please note that this does not mean that your appointment request has been accepted. Our acceptance of your appointment request will take place as described in clause 7.4.
7.4 If you contract separately with us for the provision of in-person clinical services, we will confirm our acceptance of your request for our in-person, non-app services to you by sending you an e-mail confirming your appointment with us. The Contract between us for in-person services will only be formed when we send you the Appointment Confirmation.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
8.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with the Services, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:
If you want to end the Contract because of something we have done or have told you we are going to do, see clause 9.2;
If you are a consumer and have just changed your mind about the Services, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.
9.2 You can end the Contract because of something we have done or are going to do. If you are ending a Contract for the reason that you have a legal right to end the Contract because of something we have done wrong, the Contract will end immediately, and we will refund you in full and you may also be entitled to compensation.
9.3 You can exercise your right to change your mind if you are a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”). If you are a consumer then for Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Regulations, are explained in more detail in these Terms.
9.4 In certain circumstances, if you are a consumer, you do not have a right to change your mind. Your right as a consumer to change your mind does not apply in respect of the Services, once these have been completed, even if the cancellation period is still running.
9.5 How long do consumers have to change their minds? If you are a consumer and you have bought the Services, you have 14 days after the date of Subscription Confirmation. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started to provide the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.6 You can end the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9), you can still end the Contract before it is completed. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end the Contract in these circumstances, just contact us to let us know. The Contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made in respect of any part of the Services that have not been provided to you. For example, if you tell us you want to end the Contract on 4 February, we will continue to supply the Services until 3 March. We will only charge you for supplying the Services up to 3 March and will refund any sums you have paid in advance for the supply of the Service after 3 March.
10. How to end the contract with us (including if you are a consumer who has changed their mind)
10.1 You can tell us you want to end the Contract by emailing us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address. You may wish to keep a copy of your cancellation notification for your own records.
10.2 We may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind and any amount claimed by the app store. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10.3 When will your refund be made? We will make any refunds due to you as soon as possible. If you are a consumer your refund will be made within 14 days of your telling us you have changed your mind
11.1 If we have to cancel a subscription request for Services before the Services start:
(a) We may have to cancel a subscription request before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel without which we cannot provide the Services. We will promptly contact you if this happens.
(b) If we have to cancel a subscription request under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
11.2 Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days notice via email. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
11.3 We may cancel the contract for Services at any time with immediate effect by giving you email notice if:
(a) you do not pay us when you are supposed to as set out in clause 14.3. This does not affect our right to charge you interest under clause 14.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
11.4 If we end the Contract in the situations set out in clause 11.3 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. Providing services
12.1 We will supply the Services to you from the date you tap the Accept button at the bottom of this page until you cease paying for the Services.
12.2 We may have to suspend the Services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the Services.
13. If there is a problem with the services
13.1 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
14. Price and payment
14.1 The price of the Services will be as set out on our site from time to time. Our prices may change at any time, but price changes will not affect a subscription request that we have confirmed with you. The price for subscription to our app is set at £3.99 per calendar month + taxes.
14.2 These prices do not include VAT, as our service is VAT exempt. However, if this status changes, you will be informed and the price of our service adjusted to reflect this additional cost.
14.3 By completing the subscription process for our app you agree to pay £3.99 per month via the app store. Your rights to a refund on cancellation are set out in clauses 9 and 10. You must pay each invoice due for our app via the relevant app store.
14.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.5 However, if you dispute an invoice in good faith and contact us to let know promptly after you have received an invoice that you dispute it, clause 14.4 will not apply for the period of the dispute.
14.6 If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding.
15. Disclaimer of medical advice
15.1 The information contained on our website and in our app or any information imparted as part of the Services, and any medical advice or opinion given in the site and app or imparted as part of the Services is for educational purposes only and is not intended nor implied to be a substitute for a consultation with a healthcare professional. We cannot guarantee that information provided by us through this site, the app or the Services will meet your health or medical requirements. You should seek appropriate medical advice before taking or refraining from taking any action in reliance on any information contained in this site, app or via the Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or app, or in respect of the provision of the Services, or by anyone who may be informed of any of its contents.
15.2 Whilst we have taken every precaution in compiling this site and app and in providing the Services, none of its contributors or any of the coaches featured can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they are based, as a result, direct or otherwise, of our provision of information contained in or accessed through this site, the app or the provision of the Services. The site may include information and materials uploaded by other users of the site or app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site or app do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us firstname.lastname@example.org
15.3 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) all terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples) are excluded.
15.4 Subject to clause 16.1 we will under no circumstances whatever be liable to you, whether in delict, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) business interruption or loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill or reputation; or
(f) any indirect or consequential loss.
15.5 Subject to clause 16.1 and clause 16.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1000.
15.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or the Consumer Rights Act 2015; and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably practicable after the Event Outside Our Control is over.
17.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clauses 9 and 10. We will only cancel the contract if the Event Outside our Control continues for longer than 4 weeks in accordance with our cancellation rights in clause 11.
18. Communications between us
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Active X Clinics Ltd at 21B Coates Crescent, Edinburgh, EH3 7AF or email@example.com . We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clauses 9 or 10, please see clause 10 for how to tell us this.
18.3 If you have any questions or if you have any complaints, please contact us. You can contact us by or by e-mailing us at firstname.lastname@example.org
18.4 If we have to contact you or give you notice in writing, we will do so by e-mail.
18.5 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the subscription of Services through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction.
19.7 If you are a business, these Terms are governed by Scots law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Scots law. We both agree to the exclusive jurisdiction of the Scottish courts.
19.8 We will not file a copy of the Contract between us.