Terms – Digital Packs

IMPORTANT INFORMATION – DISCLAIMER:

HEALTHISTA LIMITED (HEALTHISTA) HAS TAKEN REASONABLE STEPS TO ENSURE THAT THE CONTENT IN OUR PRODUCTS AND SERVICES, INCLUDING THE DIGITAL PACKS, IS, TO THE BEST OF ITS KNOWLEDGE, ACCURATE. THE DIGITAL PACKS CONTAIN ONLY GENERIC ADVICE AND INFORMATION AND ARE NOT INTENDED TO REPLACE SPECIFIC ADVICE FROM YOUR OWN DOCTOR OR OTHER HEALTH PROFESSIONALS. BEFORE FOLLOWING ANY GUIDANCE, PLEASE CONSULT WITH YOUR GP OR OTHER RELEVANT HEALTH PROFESSIONAL, PARTICULARLY IF YOU: CONSIDER IT NECESSARY; HAVE ANY CONCERNS ABOUT YOUR HEALTH; ARE NOT SURE WHETHER THE GUIDANCE IS SUITABLE FOR YOU; HAVE ANY PRE-EXISTING HEALTH PROBLEMS, INJURIES, OR ANY CURRENT SYMPTOMS. THE USE OF INFORMATION WITHIN DIGITAL PACKS IS AT YOUR OWN RISK. IN THE ABSENCE OF NEGLIGENCE OR OTHER BREACH OF DUTY BY HEALTHISTA, NEITHER HEALTHISTA, NOR ANY OF THE EXPERTS APPEARING IN THE VIDEOS, SHALL BE HELD LIABLE OR RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DIGITAL PACKS.

Where to find information about us and our products and services

You can find everything you need to know about us, Healthista, and our products and services on our website before you order. We also confirm the key information to you in writing after you order.

We don’t give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product or service and we don’t compensate them in the same way for losses caused by us or our products or services. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products or services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and we accept it when we supply the product or service to you.

Sometimes we reject orders

Sometimes we reject orders, for example, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product or service is age-restricted) or because the product or service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

However, for some products and services we take payment at regular intervals, as explained to you during the order process.

If you are a business customer you have no set-off rights

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 (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% 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.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product or service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but you can contact our Customer Service Team: shop@healthista.com to end the contract and receive a refund for any products or services you have paid for in advance, but not received, less reasonable costs we have already incurred.

IF YOU ARE A CONSUMER, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND BEFORE ACCESSING OR DOWNLOADING YOUR PRODUCT OR SERVICE:

When you can’t change your mind. You can’t change your mind about an order for:

• digital products, after you have started to download or stream these;
• services, once these have been completed;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
• goods that are made to your specifications or are clearly personalised; and
• goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind.

If you change your mind about a product or service you must let us know no later than 14 days after:

• the day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
• the day we confirm we have accepted your order, if it is for a service.
• the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.

How to let us know.

To let us know you want to change your mind, contact our Customer Service Team: shop@healthista.com

You have rights if there is something wrong with your product or service

If you think there is something wrong with your product, you must contact our Customer Service Team: shop@healthista.com

Your rights and remedies if you are a consumer

We honour our legal duty to provide you with products or services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights (as a consumer)

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund. 
• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. 
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you’re entitled to a repair or a replacement.

• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, the Consumer Rights Act 2015 says:

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

WE CAN CHANGE PRODUCTS AND SERVICES AND THESE TERMS:

Changes we can always make

We can always change a product or service:

• to reflect changes in relevant laws and regulatory requirements;
• to implement minor technical adjustments and improvements, for example to address a security threat.; 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 the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: shop@healthista.com to end the contract before the change takes effect and receive a refund for any products and services that you’ve paid for in advance, but not received.

WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO):

We can suspend the supply of a product

We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product.

We let you know, may adjust the price and may allow you to terminate

We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product or service we adjust the price so you don’t pay for it while it’s suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 4 weeks, you can contact our Customer Service Team: shop@healthista.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products or services

We can stop providing a product or service, such as a subscription for digital content. We let you know at least 7 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product or service.

WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS:

Our liability to consumers

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We’re not responsible for delays outside our control” above.
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in “Our liability to businesses” below.

Our liability to businesses

If you’re a business, then, except in respect of the losses described in “Losses we never limit or exclude” below:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude

Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US:

Our complaints policy

Our Customer Service Team: shop@healthista.com will do their best to resolve any problems you have with us or our products and services.

Resolving disputes without going to court

Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the ADR Group through their website at www.adrgroup.co.uk. The ADR Group does not charge you for making a complaint and, if you’re not satisfied with the outcome, you can still go to court.

You can go to court

These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and 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. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT:

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: www.healthista.com/privacy-policy.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product or service

We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team: shop@healthista.com to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this

We may not agree to the transfer. We can require the new owner to prove you transferred the product or service to them. If you’re a business, you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

Nobody else has any rights under this contract

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 invalidates some of this contract, the rest of it will still apply

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later

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 do it later.