Standard Service Terms and Conditions

BACKGROUND

These Terms and Conditions are the standard terms for the provision of services by My-E-Health trading as My-E-Health, a Private Limited Company registered in England under number 14217826 whose registered address is Lowin House Tregolls Rd. Truro Cornwall TR1 2NA and whose main trading address is Rödklintsgatan 2B Tygelsjö Sweden.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than a Saturday, Sunday, or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services as explained in Clause 3;
“Deposit” means an advance payment made to Us under sub-Clause 5.5;
“Intellectual Property Rights” means copyright (and related rights), designs, patents, trademarks, and all other intellectual property rights that may exist in anything that We may create or produce as part of the Services. This includes all such rights whether they are registered or unregistered and the rights to apply for renewals or extensions of those rights (where relevant);
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services as invoiced;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” means Online health and wellness support via assessments, AI tools, and video support, if available, trading as My-E-Health, a Private Limited Company registered in England under number 14217826, whose registered address is Lowin House Tregolls Rd. Truro Cornwall TR1 2NA and whose main trading address is Rödklintsgatan 2B, 218 73 Tygelsjö, Sweden.

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications, whether sent by e-mail, within your message centre, fax, or other means.

Information About Us

My-E-Health U.K. Ltd, trading as My-E-Health, is a Private Limited Company registered in England under number 14217826, whose registered address is Lowin House Tregolls Road, Truro, Cornwall TR1 2NA, and whose main trading address is Rödklintsgatan 2B, 218 73 Tygelsjö, Sweden. Our VAT number is SE556592314001. We are regulated by Medical Device Registration CE/CA DSPT Audit & GDPR.

The Contract

These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

Nothing provided by Us, including but not limited to sales and marketing literature, price lists, and other documents, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.

We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

The main characteristics of the Services;
Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
The total Price for the Services including taxes or if the nature of the Services is such that the Price cannot be calculated in advance the manner in which it will be calculated;
The arrangements for payment, performance, and the time by which (or within which) We undertake to perform the Services;
Our complaints handling policy;
Where applicable, details of after-sales services and commercial guarantees;
The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
Where applicable, the functionality, including appropriate technical protection measures of digital content;
Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

Orders

All Orders for Services made by you will be subject to these Terms and Conditions. You may change your Order at any time before We begin providing the Services by contacting Us. [Requests to change Orders do not need to be made in writing.]

If your Order is changed we will inform you of any change to the Price in writing. You may cancel your Order within thirty days (30-days) of placing it. If you have already made any payments to Us under Clause 5 (including but not limited to the Deposit) subject to sub-Clause 5.6 the payment(s) will be refunded to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled you must confirm this in writing. If you wish to cancel the Services after this time period or once We have begun providing the Services please refer to Clause 11.

We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including but not limited to the Deposit) the payment(s) will be refunded as soon as is reasonably possible and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

Price and Payment

The Price of the Services will be that shown in Our price list in place prior to and at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

If We quote a Special Price which is different to the Price shown in Our current price list the Special Price will be valid for that period (month, quarter, annual contracted) for for a specific service or if the Special Price is part of an advertised special offer for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

Our Prices may change at any time but these changes will not affect Orders that We have already accepted. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

Before We begin providing the Services you will be required to prepay one hundred% of the total subscription Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation.

In certain circumstances if your Order is cancelled your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services Our price list and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin or to Clause 11 if the Services are cancelled after they have begun.

The balance of the Price will be payable once We have provided the Services OR as agreed on a month, quarter, or annual basis in advance during the provision of the Services.

We accept the following methods of payment: major debit card, major credit card, special orders, and large contracts will be invoice separately; Credit and/or debit cards will be charged once you have entered your card and confirmed your order.

If you do not make payment to Us by the due date as shown in/on invoice and Order Confirmation We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of HSBC from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

Providing the Services

As required by law We will provide the Services with reasonable skill and care consistent with best practices and standards in the online health and wellness sector and in accordance with any information provided by Us about the Services and about Us.

We will begin providing the Services on the date specified in your Order (and confirmed in Our Order Confirmation). We will continue providing the Services for the contracted period however these will expire after the contractual period has expired.

We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot however be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.

If We require any information or action from you in order to provide the Services We will inform you of this as soon as is reasonably possible. Examples of what we may require include: health or medical data to support your ai coaches for example your current location in the event self-harm or suicide ideation becomes a reality.

If the information or action required of you under sub-Clause 6.5 is delayed, incomplete, or otherwise incorrect We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part We may charge you a reasonable additional sum for that work.

In certain circumstances for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5 We may suspend the Services (and will inform you of that suspension in writing).

In certain circumstances for example where We encounter a technical problem We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

If the Services are suspended under sub-Clauses 6.7 or 6.8 you will not be required to pay for them during the period of suspension. You must however pay any invoices that you have already received from Us by their due date(s).

If you do not pay Us for the Services as required by Clause 5 We may suspend the Services until you have paid all outstanding sums due. If this happens We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.

Problems with the Services and Your Legal Rights

We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If however there is a problem with the Services We request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing) but there is a message centre where you can write to admin or IT directly.

We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations such as those where vulnerable people living in your property may be affected We will use reasonable efforts to remedy problems within 24 hours.

We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees, or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.

As a consumer you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care you have the right to request repeat performance or if that is not possible or done within a reasonable time without inconvenience to you you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them you also have the right to request repeat performance or if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services) you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies this may be any sum up to the full Price and where you have already made payment(s) to Us may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services You also have remedies if We use materials that are faulty or incorrectly described.

As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content these rights may apply to you. For full details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that We supply to you must be of satisfactory quality it must be fit for purpose (where any such purpose has been made known to Us whether expressly or by implication) and it must match any description given by Us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or if these are not possible to a price reduction up to the full Price. In cases where a price reduction applies and you have already made payment(s) to Us you may be due a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. If digital content provided by Us under these Terms and Conditions damages your device(s) as a result of Our failure to exercise reasonable skill and care you also have the legal right to compensation for such damage which may take the form of a repair or replacement or financial compensation.

Intellectual Property Rights

During the course of providing the Services to you We may create or produce risk analyses, suggestions, coping skills, mitigating strategies to address identified challenges, AI support, Garmin smart watch summaries, and other such data for you which embody/embodies certain Intellectual Property Rights owned by us (such as copyright or patents).

We will retain ownership of any and all Intellectual Property Rights that may exist in EFP assessments, Growth Finder Assessment, Holistic Bereavement Assessment, and others within our platform. We will grant to you a royalty-free non-exclusive licence to use your reports and your analysis so that you can provide such to your healthcare providers or facility however these cannot be published openly online or distributed to others without written permission. The licence granted under this sub-Clause 8.2 will continue indefinitely as a perpetual licence. The duration of the licence will not necessarily be related to the duration of the Services themselves and may continue beyond the duration of the Services.

If the Contract is cancelled under Clause 11 the licence granted under sub-Clause 8.2 may also be cancelled in full or in part and you will no longer be permitted to use all or part of My-E-Health ecosystem assessments or analyses. Upon cancellation We will explain to you exactly which part(s) of analyses reports (if any) that you will remain entitled to use.

Our Liability

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents, or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

We provide Services for domestic and private use (or purposes). By making your Order you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

If We are providing Services that cause any damage to you or your computer We will make good that damage at no additional cost to you. However, if our AI coaches recommend a coping skill or mitigating strategy that you do not agree with or it is inconsistent with your core values and dignity you are required to report this to Admin or your care team for immediate resolution. If you do not report this We are not responsible for any pre-existing faults or damage to you or your property that We may discover while providing the Services.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation. Nonetheless, it is your responsibility to report anything unusual or harmful to your Administration contact within your message centre at your earliest convenience.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us nor for Our failure to supply digital content that is of satisfactory quality, fit for purpose, and as described.

Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include but are not limited to: power failure, internet service provider failure, strikes, lock-outs, or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of Services as necessary;
If an event outside of Our control occurs and you wish to cancel the Contract you may do so in accordance with your right to Cancel under sub-Clause 11.3.3;
If the event outside of Our control continues for more than two weeks We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our cancellation notice.

Cancellation

If you wish to cancel your Order for the Services before the Services begin you may do so under sub-Clause 4.4. Once We have begun providing the Services you are free to cancel the Services and the Contract at any time by giving Us a one-month written notice. For annual subscriptions, the term is fixed however if you wish to cancel you may transfer the remainder of your time in your account to another person as you desire. The contract will not be renewed and will then expire as per the agreed subscription period. Since all annual subscriptions are heavily discounted and prepaid to Us these remaining Services are transferrable if you so desire. You will have to contact Administration with these details. If We have provided Services that you have not yet paid for the sums due will be deducted from any refund due to you or if no refund is due We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

If any of the following occur you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided these sums will be refunded to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for the sums due will be deducted from any refund due to you or if no refund is due We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 11.3.1 you will not be required to make any payments to Us. You will not be required to give a one-month notice in these circumstances:

We have breached the Contract in any material way and have failed to remedy that breach within two weeks of you asking Us to do so in writing; or
We enter into liquidation or have an administrator or receiver appointed over Our assets; or
We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or
We change these Terms and Conditions to your material disadvantage.

We may cancel your Order for the Services before the Services begin under sub-Clause 4.5. Once We have begun providing the Services We may cancel the Services and the Contract at any time by giving you a one-month written notice. If you have made any payment to Us for any Services We have not yet provided these sums will be refunded to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for the sums due will be deducted from any refund due to you or if no refund is due We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

If any of the following occur We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided these sums will be refunded to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for the sums due will be deducted from any refund due to you or if no refund is due We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give [insert period] notice in these circumstances:

You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.10); or
You have breached the Contract in any material way and have failed to remedy that breach within two-weeks of Us asking you to do so in writing; or
We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).

For the purposes of this Clause 11 (and in particular sub-Clauses 11.3.1 and 11.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.3.1 and Us under sub-Clause 11.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake, or misunderstanding.

Communication and Contact Details

If you wish to contact Us you may do so by telephone at +46704065696 or by email at info@my-e-health.com.

In certain circumstances you must contact Us in writing (when cancelling an Order for example or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:

Complaints and Feedback

We always welcome feedback from Our customers and whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one We nevertheless want to hear from you if you have any cause for complaint.

All complaints are handled in accordance with Our complaints handling policy and procedure available from Administration.

If you wish to complain about any aspect of your dealings with Us please contact Us in one of the following ways:

In writing via your Message Centre addressed to Admin
By email addressed to info@my-e-health.com;
By contacting Us by telephone on +46704065696.

How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Notice available from the main webpage and also found within your personal account setting under legal documents.

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract as applicable) to a third party (this may happen for example if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract as applicable) without Our express written permission.

The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales, Northern Ireland, Scotland, and the Kingdom of Sweden.

As a consumer you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland as determined by your residency.