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 7 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 protected] 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 a 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. Our cancellation rights

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 - and our Partners - will supply the Services to you from the date you accept our terms 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 in the Agreement sent to you. Our prices may change at any time, but price changes will not affect a subscription request that we have confirmed with you.

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 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.

14.4 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 14.3 will not apply for the period of the dispute.

14.5 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 digital platform or any information imparted as part of the Services, and any medical information or opinion given in the site 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 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, 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 in providing the Services, none of its contributors or any of the clinicians, Partners, or other individuals 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, or the provision of the Services. The site may include information and materials uploaded by other users of the site, 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 do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us [email protected].

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 10 Atholl Place, Edinburgh, EH3 8HP or [email protected]. 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
[email protected].

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.