Terms and conditions - Embla Health UK Limited
Effective from 7th of November
1. Contact information
Embla Health UK Limited
Company number: 14312585
Address: 34-35 Clarges Street, Mayfair, London, England, W1J 7EJ
- These terms and conditions ("Terms and Conditions") govern the relationship between you as a customer ("you") and Embla Health UK Limited ("Embla", "we" or "us") when you purchase various health services related to weight loss on a subscription basis, including the right to receive the special functional and advisory services on the mobile application "embla" (the "App") (collectively referred to as the "Services"). The Terms and Conditions describe your legal rights and obligations when purchasing the Services through our website (www.joinembla.com (the "Website"), email, telephone, or the App. Before purchasing the Services, we ask you to take a moment to read these Terms and Conditions. You will also receive the Terms and Conditions on a durable medium (e-mail) immediately after the purchase.
- As we do not actively validate or verify the information you enter as part of your purchase of the Services and you are responsible for the accuracy such information.
3. Order confirmation and formation of a contract
- To access the content of the Service you must be 18 years of age or over and register with a valid email address, or sign-in with a previously registered email and password.
- You must not share your password, subscription or any other piece of information used as part of our security procedures with a third party. We have the right to disable any password or subscription, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org.
- Once you have purchased the Services, we will send you an order confirmation by email. The order confirmation contains an order number, a description of the Services purchased, the name and address of the payer, the price of the Services, and the payment method. When we send this email to you a contract will exist between us.
- Before entering into an agreement to purchase the Services in the form of a subscription, you will be clearly informed of the monthly price of the subscription and the fact that the Services are provided as a subscription with automatic prior payment via your payment card.
- You can pay with Visa, MasterCard and American Express.
- Stripe is used as a payment gateway. Stripe uses the security protocol SSL, which encrypts information between an internet browser (the cardholder) and an internet server (the business). This means that the information transferred when paying with your card is protected during the transfer from your computer to us. SSL is widely used as a form of encryption in electronic commerce and is considered a highly secure solution.
- If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of % a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
- In the event of payment default, embla is entitled to withhold further deliveries or parts of the Services without incurring liability.
6. Consent to ongoing payment
- Once you have entered into an agreement to purchase the Services, payment for the first month will be deducted from your payment card. Payment for subsequent months will be deducted automatically as long as the subscription is active. By entering your credit card information as part of the first payment, you consent to embla continuously, automatically and in advance, deducting the amount from your account. You can revoke your consent at any time by writing to email@example.com. If you revoke your consent for embla to use your payment card information, it will amount to a termination of the Services.
- By entering your payment card, you also consent that Embla, as part of any future asset transfer, may transfer your payment agreement to a new debtor.
- It is your responsibility that your payment card information is updated upon expiration, blocking, loss or similar.
7. Right of withdrawal and consent to waive the right of withdrawal
- You have a 14-day 'cooling off period' right of withdrawal. The right of withdrawal is calculated from the receipt of the order confirmation. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract in an unequivocal statement (e.g. by post or e-mail). You can send us an email on firstname.lastname@example.org. You can choose to use the standard withdrawal form found at the bottom of this document, but this is not a requirement. If you exercise your right of withdrawal, we will generally refund all payments that we may have received from you without undue delay and in any case no later than 14 days from the date on which we have received notification of your decision to cancel your purchase. We will refund the money to your bank account. Under no circumstances will you incur any fees as a result of the refund.
- If you have had your first online consultation before the expiry of the 14 days your right of withdrawal is waived. Upon your acceptance of the Terms and Conditions, you also give your explicit consent to waive the right of withdrawal after the first consultation has been conducted.
- You may, at any time and without giving reasons, terminate your subscription to the Services at the end of the current monthly subscription period, unless otherwise agreed. You will continue to have access to the Services until the end of the valid subscription period and you will not receive a refund for the amount already paid during the notice period.
- Embla may terminate subscriptions to the Services with 30 days' notice prior to the end of a subscription period, unless otherwise agreed.
- In the event of a party's material breach of the Terms and Conditions, the non-breaching party may terminate the agreement, provided that such breach is notified with at least 30 days' prior written notice to the breaching party and provided that the breach is not remedied by the breaching party within that period or the breach due to its nature cannot be remedied. Failure to pay always constitutes a material breach.
- When a termination under this Section 11 takes effect, you will no longer have access to the Services.
- If you have any questions around termination please contact our Customer Service Team by writing to email@example.com.
- Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat. These are changes should not affect your use of the Services; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
- Changes we can only make if we give you notice and an option to terminate. We can also make changes to the Services or these Terms and Conditions not covered by 9.1 above, but if we do so we'll notify you and you can then contact our Customer Service Team [firstname.lastname@example.org] to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:
10. Transfer of subscription
- The subscription to the Services is personal and cannot be transferred in part or in its entirety to another person.
- We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our Customer Service Team at email@example.com to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
- We reserve the right to amend misprints, pricing errors, VAT and tax changes.
12. Notification of defects
- You have the right to complain about the Services if you deem that the Services did not live up to what was agreed, promised, or assumed.
- If you wish to complain about the Services, please contact us as soon as possible and within a reasonable time after you have been made aware of the defect.
- When you contact us, you must explain what the defect is and include the invoice/receipt for the purchase of the Services. Embla will process the complaint as soon as possible and within a reasonable time. Embla will then send you an e-mail with our assessment of whether the complaint is justified or not.
13. Medical services
- The Services include consultations with doctors who provide services on our behalf (our affiliated doctors).
- Affiliated doctors hold a licence to practice from the General Medical Council, which allows them to treat patients and prescribe medicines.
- Affiliated doctors are obliged to exercise due skill and care in connection with the provision of the Services, for example including clear communication with you, ensuring that your questions are answered and in making any recommendations.
- Affiliated doctors are obliged to submit the reports and reviews, which in the interest of the public health is required of the health authorities, and to comply with the information and reporting obligation, which, moreover, is incumbent on them in accordance with the legislation.
- The affiliated doctors and any other healthcare professionals have a legal duty to keep accurate patient records.
- You are encouraged to report side effects with medicines to the doctor or other healthcare professional whom you have been dealing with as part of the Service. They can then assess and, if needed, report such issues to the UK’s Medicines and Healthcare products Regulatory Agency
14. Data protection
- You provide personal data when you contact us, enter into an agreement, give your consent as a basis for individual parts of the Services, as a prerequisite for providing the Services, and when using the App and the Website.
15. Rights and copyright
- All rights and products belong to Embla. By purchasing the Services you are given a limited right to use the App in accordance with these Terms and Conditions.
- The Service contains information, software, photos, text, graphics, sounds and other materials that are protected by copyrights, database rights, trademarks, trade secrets and/or other proprietary rights. All content is copyrighted under applicable copyright laws, including the United States, Canada, Australia, United Kingdom, Irish and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks that appear within the App and Website are trademarks of their respective owners. We remain the owner of any content that we provide or make available to you.
- You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part unless you receive our prior written consent.
16. Health Disclaimers
- The Services are intended as a weight management tool to assist you in achieving your personal goal. Information contained in any articles and elsewhere in the App and Website, is provided for general, educational purposes only.
- We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided by this Service. Subject to 19.3 below, reliance on any information appearing within the Service is strictly at your own risk.
- The Service should not be used by persons under 18, by pregnant or nursing women, or individuals with serious health conditions (which should be discussed between you and our doctors in order to assess whether the Service is suitable for you.
- Weight loss and weight gain is individual and your personal rate of loss or gain may vary from any case studies shown on the Website.
- If you think you are having a medical or health emergency, you should immediately call your GP or call 111 (UK).
17. Service Disclaimers
- We do not guarantee that the App and Website will be error free and uninterrupted, or that defects will be corrected. Whilst every endeavour is made to ensure the accuracy, subject to 19.3 below we will not be held accountable for any errors in content, or outcomes resulting from the errors.
- We do not guarantee that the App or Website will be secure or free from bugs or viruses. You are responsible for configuring your personal computer, laptop or mobile phone’s access to the App or the Website. You should use your own virus protection software.
18. Limitation of Liability
- Unless otherwise agreed by us in writing, you understand and agree that we are providing the Service for private use and you should not use the Service for any commercial or business purpose and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- If you are dissatisfied with any portion of the Service, or with any of the provisions of these Terms and Conditions, please contact us at firstname.lastname@example.org. You may also cease using the Service and uninstall the App at any time.
- This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't chase you, or enforce these Terms and Conditions against you, later.
20. Choice of law and venue
- These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
ANNEX: STANDARD WITHDRAWAL FORM
(this form will only be completed and returned if the right of withdrawal is exercised)
To Embla Health UK Limited, 34-35 Clarges Street, Mayfair, London, England, W1J 7EJ, email@example.com.
I hereby inform you that I wish to exercise the right of withdrawal in connection with my contract the supply of the Services.
Consumer name [Consumers' names]:
Address of the consumer [Address of the consumer]:
Signature of the consumer (only if the content of the form is communicated on paper)