Terms of service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND SERVICES
Terms of Service
Effective Date and Last Revised: 1st January, 2023
Please read these Terms of Service (these “Terms”) carefully before using the https://healthandher.com website and mobile application (collectively, the “Service”) of Health & Her Ltd (“we,” “our,” or “us”).
The Service may include the sale or supply of you, which may include goods, services or digital content. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. By accessing or using the SERVICE, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. you may not access or use the Service or accept these Terms if you are not at least EIGHTEEN (18) years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Service.
WE ARE NOT A PROVIDER OF MEDICAL ADVICE. THE SYMPTOM TOOL AND ACCESS TO EXPERT ADVICE, ARTICLES, RESOURCES AND ANY OTHER SERVICE PROVIDED BY US, ARE NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN HEALTHCARE PROVIDER, AND MAY NOT TAKE YOUR COMPLETE INDIVIDUAL HEALTH SITUATION INTO ACCOUNT. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF ANYONE ELSE, PLEASE CONSULT WITH A MEDICAL PROFESSIONAL.
YOU MUST ONLY USE PRODUCTS PURCHASED FROM THE SERVICE IN ACCORDANCE WITH THE GUIDANCE OR INSTRUCTIONS PROVIDED ON THE PACKAGING AND IN ACCORDANCE WITH ANY INSTRUCTIONS PROVIDED BY YOUR OWN HEALTHCARE PROVIDER. IF YOU ARE UNSURE ABOUT USING ANY PRODUCT, PLEASE CONSULT WITH YOUR OWN HEALTHCARE PROVIDER.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
The contents of our mobile application, the https://healthandher.com website, and the Service, including but not limited to text, graphics, images, advice, recommendations, any information provided by our medical partners, sponsors, or business partners, or any other information which you may obtain in connection with your use of the Service (collectively, “Contents”), are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you, and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the Service is at your sole discretion and risk. Finally, you should be aware that we do not promise any particular results.
Please be aware that Section 19 of THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS, AND WHICH MAY AFFECT YOUR RIGHTS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS AGREED BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1.2 Responsibilities. You are responsible for maintaining the confidentiality of your information and are fully responsible for all activities that occur in connection with your use of the Service, including without limitation, your Account. You agree to immediately notify us of any unauthorized access to or use of or suspected unauthorized access to or use of your Account or information or any other breach of security in connection with your use of the Service. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Service.
2.1 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Service.
2.5 Ownership. Excluding any User Content that you may provide (as defined in Section 11.1), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Service and its content are owned by us or our suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 10.1. We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Feedback. If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
By submitting a review, you represent and warrant that:
- You are the only author of the review and you are the only owner of the copyright in the review.
- All moral rights that you have in such copyright have been voluntarily waived by you.
- All content in the review is accurate.
- You are at least 18 years old.
- The review does not violate these terms.
You also warrant that you shall not submit any content in a review:
- That is known by you to be false, inaccurate or misleading
- That contains nudity or graphic or gratuitous violence
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- That violates any local, national or international law.
- That is, or may reasonably be considered to be false, inaccurate, misleading, defamatory, libellous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, fraudulent or otherwise objectionable.
- That includes unsolicited promotions, mass mailings or spamming, political campaigning, advertising or solicitations.
- For which you were compensated by any third party
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
- You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable lawyers’ fees, arising out of a breach of your representations and warranties mentioned above, or your violation of any law or the rights of a third party.
If you submit a review, you grant to us and our associated companies a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology in the review throughout the world without compensation to you.
All the reviews that you submit may be used at our sole discretion. We reserve the right to change, condense or delete the reviews that we deem, in our sole discretion, to violate these terms. We do not guarantee that you will be able to edit or delete the reviews you have submitted. You acknowledge that you, not us, are responsible for the contents of your submission. None of the reviews that you submit shall be subject to any obligation of confidence on our part or on the part of our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting a review, you agree that we and our third party service providers may use your email address to contact you about the status of the review and other administrative purposes.
3. Order Process
3.1 Confirmation of Order.
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Notwithstanding the foregoing, all orders placed through the website as part of the Services are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else.
3.2 If we cannot accept your order. We reserve the right to deny any order for any reason as determined by us in our sole discretion without any prior notice to you. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or for some other reason as determined by us in our sole discretion. If you believe that your order has been cancelled by mistake, please contact us by email at email@example.com.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Product and Service Information
4.1 Product Content and Services. All features, content, specifications, products and prices of products and services described or depicted are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on our website the compromise the Service is complete, accurate and current. Despite our efforts, the information on our website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our website. For example, products included on our website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on our website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, we reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4.2 Disclaimer of Current Information. We do not represent or warrant that the information accessible through the Services regarding any product is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on the Service is subject to change without notice. We shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Service.
4.3 Product Description Information. All materials and information presented by us on the website provided by the Services are intended to be used for informational purposes only. In providing product information to its customers, we rely in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please email us at firstname.lastname@example.org.
5. Changes to an Order by You
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will attempt to let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel the order. If you need to make any changes to your subscription then you can log into your Health & Her account to skip deliveries and update your details at any time. We will try but may not be able to accommodate your request to skip deliveries or cancel any order. With all subscription orders, as they ship automatically every 30 days we require notice to cancel. Notwithstanding anything to the contrary, if your order has already been sent for delivery, then we will be unable to cancel the delivery or issue a refund.
6. Providing the Products
6.1 Delivery costs. The costs of delivery will be as displayed to you upon our acceptance of your order. You will be responsible for all costs of shipping. Please note that for international orders local charges may apply and must be paid for by you. Please see here for additional information on shipping costs.
6.2 When we will provide the products. During the order process we will give you an estimated window of when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when you can expect your delivery. We will send an order renewal reminder each month before your order is due, with an option to skip your next order. Any estimated timeframe for delivery is an estimate only and is provided for informational purposes only. Delivery times may vary especially during peak time periods. To help ensure the proper and efficient delivery of your order, your shipping address must be a street address.
6.3 We are not responsible for delays outside our control. An event outside our control means any event or cause beyond our reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by us (collectively “Force Majeure Event”).
Without limiting the other limitations to our liability in accordance with these Terms, if a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost directly or indirectly related to or caused by such Force Majeure Event.
We will use reasonable efforts to contact you to let you know of a Force Majeure Event and if we do so and there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
6.4 Title and Risk of Loss. Except to the extent required by law, no responsibility is assumed by us for products after they have been delivered to the carrier. The risk of loss for and title to products purchased through the Services passes to the purchaser upon delivery to the carrier. We reserve the right to charge you for shipping fees to re-ship any products that have been returned to us due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.
6.5 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you. If you do not give us the information required within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to perform the services correctly. We will not be responsible for not supplying any part of the services if this is caused by you not giving us the information we need.
6.6 Our Right to Cancel or Suspend any Order or Subscription. We reserve the right to cancel or suspend any subscription or any order of a product to you at any time and for any reason, without prior notice including but not limited to the following reasons:
6.6.1 deal with technical problems or make minor technical changes;
6.6.2 update the product to reflect changes in relevant laws and regulatory requirements;
6.6.3 make changes to the product as requested by you or notified by us to you;
6.6.4 any failure by you to pay any amounts when due; and
6.6.5 any failure by you to comply with these Terms.
6.7 If we suspend or cancel any order. We will use reasonable efforts to contact you in advance to tell you we will be suspending supply of the product you ordered, unless the problem is urgent or an emergency, provided however our failure to provide you prior notice will not invalidate any such suspension or cancellation by us. You may contact us to cancel an order for a product if we suspend it for more than 30 days, or tell you we are going to suspend it for more than 30 days and we will refund any sums you have paid in advance for any product that has not yet been delivered to the carrier. Nothing herein is meant to limit your cancellation rights under local law.
7. Notice for Cancellation of Orders or Subscriptions
7.1 Notice of Cancellation of Order. If you wish to cancel an order, please let us know by doing one of the following:
7.1.1 Phone or email. Call us toll-free on 1-888-982-4307 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2 Online. By submitting your details via our website. Or, if you would like to cancel a subscription, you can do this by logging into your account, selecting ‘Subscriptions’, choosing the subscription you would like to cancel and then clicking the ‘Cancel Subscription’ option.
7.1.3 By mail. Or simply write to us at PO Box 1137, Cardiff, CF11 1WQ, including details of what you bought, when you ordered or received it and your name and address.
8. Refunds and Return Policy
If for any reason you are not satisfied with any products you purchase on our website through our Services, please contact us and any refunds or credits due shall be provided in accordance with our Return Policy.
For information about how to return a product to us, see our Return Policy.
9. Price and payment
9.1 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.2 When you must pay and how you must pay. We accept payment via the third party payment providers Stripe, Google Pay or Apple Pay, provided, however, we may change the third party payment providers at any time without prior notice to you. You must pay for goods before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you
9.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at rate of the lesser of: (a) 12% per annum; or (b) the maximum amount allowed by law. 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.
10. How we may use your personal information
11. User Content.
11.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
11.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Service in any manner: (i) to violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to impersonate or attempt to impersonate any person or any entity or gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; (v) that is in violation of any applicable local, state, national, or international law or regulation, or any obligations or restrictions imposed by any third party; or (vi) to advocate, encourage, or assist any third party in doing any of the above.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; (vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or (viii) advocate, encourage, or assist any third party in doing any of the above.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Third Party Links & ADS; Other Users.
13.1 Third Party Links & Ads. The Service may contain links to third party websites and services, and/or display advertisements for third parties (collectively, “Third Party Links & Ads”). Such Third Party Links & Ads are not under our control, and we are not responsible for any Third Party Links & Ads. We provide access to Third Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links & Ads. You use all Third Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Links & Ads.
13.2 Other Users. Each Service user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
13.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Term and Termination.
17. NOTIFICATION OF CLAIMED INFRINGEMENT.
If you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent as set forth below with the following information in writing under 17 U.S.C. 512(c)(3):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
By postal mail: Health & Her Ltd, Unit D, Tramshed Tech, Pendyris St, Cardiff CF11 6BH, United Kingdom.
By email: firstname.lastname@example.org.
18.1 Changes. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them the Service. Your continued use of the Service following the posting and/or communicating of such revised Terms means that you accept and agree to the changes.
18.2 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the export laws or regulations of the United States of America.
18.3 Electronic Communications. The communications between you and us use electronic means, whether you use the Service or send emails to us, or whether we post notices on the Service or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
18.4 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. These terms and conditions set forth in these Terms shall be binding upon assignees.
18.5 Copyright/Trademark Information. Copyright © 2017 Health & Her Ltd. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
19. Dispute Resolution.
Please read this Section 19 (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief) arising out of or relating to these Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court (to the extent applicable, any party may seek remedies in small claims court) shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to Health & Her Ltd, Unit D, Tramshed Tech, Pendyris St, Cardiff CF11 6BH, United Kingdom or to email@example.com with “NOTICE OF DISPUTE” in the subject line. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, consistent with JAMS’ most current version of its Consumer Arbitration Minimum Standards, available at https://www.jamsadr.com/consumer-minimum-standards/. Disputes involving claims, counterclaims, or request for relief under two hundred fifty thousand US Dollars (U.S. $250,000), not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules & Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules & Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award damages on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19(a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your online account with us (if you have one), “ARBITRATION AGREEMENT OPT OUT” in the subject line, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If you do not properly or timely opt out, you agree to arbitrate your dispute.
(h) Severability. Except as provided in Section 19(f) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
(j) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the following address: email@example.com.
20. Information or Complaints
(a) If you have a question or complaint regarding the Service, please feel free to contact us:
By postal mail: Health & Her Ltd, Unit D, Tramshed Tech, Pendyris St, Cardiff CF11 6BH, United Kingdom.
By email: firstname.lastname@example.org.
(b) California residents may reach the California Department of Consumer Affairs by postal mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 United States of America, by telephone at (800) 952-5210, or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).