Terms and Conditions
Last updated: August 24, 2020
IMPORTANT – Please carefully read the general terms and conditions of this end user license agreement (the “Terms”).
Thank you for visiting our website, with address at https://velieve.io (“Website”) and/or downloading the Velieve™ mobile app ("App") which together with our testing kit (the “Kit” and together with the App, the “Product”) allows us to provide our proprietary home-based urinalysis test, as well as remote medical consultation for treatment of urinary tract infections (UTI) (the “Consultation Portion”, and together with the App, the Website and the Kit, the “Services”).
Please read these Terms carefully before using the Product or engaging with any part of the Services, as they constitute a legally binding agreement between you and Healthy.io (UK) Ltd, its parent company, affiliates, and/or related companies ("Healthy.io", “Company”, “us”, or “we”).
ANY ACCESS OR USE OF THE PRODUCT OR THE SERVICES IS SUBJECT TO AND CONDITIONAL UPON AGREEMENT TO AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE PRODUCT OR THE SERVICES, YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THESE TERMS AND WARRANT AND REPRESENT THAT (i) YOU ARE OF AT LEAST 18 YEARS OF AGE (ii) YOU ARE BASED IN THE UNITED KINGDOM AND (iii) YOU HAVE THE CAPACITY TO FORM A BINDING CONTRACT.
We may change these Terms from time to time. Changes will take effect once they are posted online and by accessing and/or using the Platform after we make any such changes to these Terms, you are deemed to have accepted such changes. If you do not agree with any of the amended Terms, you must avoid any further use of the Services.
Our Product and Services are provided through different commercials retailers as well as directly from us through our Website. The Kit may be purchased at a pharmacy, either in the Republic of Ireland or the United Kingdom, either over the counter or online. It may also be purchased directly from us through our Website.
When purchasing the Kit from a pharmacy located in the UK, the diagnosis, consultation and precision management will be provided to you by the a pharmacist authorized to provide such services from whom you purchased the Kit, in accordance with a pre-approved PGD. If you are not sure is a pharmacist is authorized to provide such services, it would be best that you return to the pharmacist from whom you purchased the Kit. Please return to the pharmacist for diagnosis as soon as you finish the test, as further instructed to you in the App.
When purchasing the Kit from a pharmacy located in the Republic of Ireland or directly from us through our Website, the diagnosis, consultation and prescription management services will be provided to you by our Consultation Partner within the app, as further set forth herein.
When purchasing the Kit directly from us through our Website, the diagnosis, consultation and prescription management services will also be provided to you by our Consultation Partner within the app, as further set forth herein.
REGISTRATION, ELIGIBILITY AND STATEMENTS
In order to access and use our Services, you will be required to provide us with certain mandatory information such as your name, date of birth, telephone number, email address, your preferred address for delivery of the Kit and a preferred area for collecting you drug prescription (where applicable). In addition, you will be required to fill in an eligibility questionnaire to ensure you are eligible to use and receive the Services and to provide a few self-completed statements that are required in order to provide you with the Service.
By filling-in the registration form, answering the eligibility questionnaire and providing us the self- completed statements, you warrant and represent that the information provided is accurate and complete. for the user who will use the service. You agree not to fill in a form for anyone else or use another person’s details without their permission. You must notify us immediately if you become aware of any breach of security or unauthorized use of your information.
If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to refuse your use of the Services, including, but not limited to, purchase of the Kit.
ACCESS TO IP ADDRESS
SHIPMENT AND DELIVERY
Where the Kit is purchased directly from our Website, we offer the following delivery options:
4 Hours delivery (powered by Gophr)
The service is available from 9am to 7pm (GMT). Orders placed after 7PM will be despatched the next morning and will arrive by 1pm.
Next day delivery
Standard service hours are 8am-9pm (excluding holidays). Orders placed before 3pm will be delivered on the next day*;
Delivered within 1-2 working days from dispatch. Standard service hours are Mon-Fri 8am - 9pm* (excluding holidays).
Delivered within 3-4 working days from dispatch. Standard service hours are Mon-Fri 8am - 9pm* (excluding holidays).
* Some services areas may be subject to further extended delivery times.
**Delivery times exclude bank holidays and public holidays.
After a purchase has been made and we received a payment confirmation on your order, we will make reasonable efforts to deliver the order to you within the estimated dispatch timescales; however, delays are occasionally inevitable due to unforeseen factors. We are under no liability for any delay or failure to deliver products within estimated timescales caused by circumstances beyond our reasonable control.
Where the delivery services are provided by a third party, then we are not responsible or liable for any activities or conduct of such third party, and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any delivery or shipments you require as part of the services.
In accordance with the Consumer Contracts Regulations, all orders will be fulfilled within a maximum of 30 days or a full refund will be issued.
At the moment, delivery of prescription medications is only available within the Greater London Area. After a purchase has been made and we received a payment confirmation on your order, we will make reasonable efforts to deliver the order to you within 4 hours from order confirmation, using Gophr.
CANCELLATION AND RETURNS
Our Product is designed, manufactured and inspected in accordance with ANNEX IV of the Council Directive 98/79 EC of the European Parliament and the Council of 27 October 1998 on in vitro diagnostic medical devices (excluding section 4 and 6) and the Company applies a Quality Management System meeting the requirements of the ISO 13485 and an Information Security Management System meeting the requirements of the ISO 27001.
Unfortunately, for that reason, we are not able to accept any returns on Products that have left our storage facility. Therefore, once the order has been shipped, it cannot be cancelled and the Product cannot be returned.
If you are not completely satisfied with the Service, or you think that there is a defect or malfunction in the Product, please contact our customer support immediately, at firstname.lastname@example.org
THE CONSULTATION PORTION (MEDIC SPOT SERVICES)
Where the consultation is provided to you within the App, such consultation, as well as the
prescription management and where applicable - dispensary of medications -, is provided to you by our consultation partner, Medic Spot Limit Ltd. with company number 10089666 (the “Consultation Partner” or “Medicspot”), a third-party service provider.
We are not responsible or liable for any activities or conduct of Medicspot, and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any medical consultation services you receive using as part of the Services.
You can contact Medicspot via email at email@example.com .
The Consultation Partner analyses the test results together with the information you provided when using the service, determines the medical diagnosis and decides on the appropriate form of treatment. The service is available from 9am to 9pm (GMT) and any test conducted after such hour will be reviewed by the Consultation Partner the next morning. Where the Consultation Partner prescribes medications to you following a consultation, and you wish to have those medications dispensed on your behalf – the Consultation Partner will be responsible for such portion of the Service. For the
avoidance of doubt, Healthy.io neither sells nor offers to sell any medications whatsoever to you.
Please note that at the moment, the dispensary services are only available in the Greater London Area and only to users who purchased the Kit via our Website.
You must be over the age of 18, living in the UK or Ireland, be present in the UK or Ireland at the time of completing your online consultation and be legally capable of entering into a contract of this nature. You must not register more than once for the service. You agree that the medical consultation takes place from the UK regardless where you may be physically at the time of your consultation.
As part of the process in obtaining an online medical consultation, you will be asked to complete an online medical questionnaire. This questionnaire will typically ask similar questions to what you would normally be asked if you saw a doctor in person. You should not complete this questionnaire on the behalf of anyone else. You must answer the questions truthfully and to the best of your knowledge as failing to do so may result in significant harm coming to you due to an incorrect diagnosis or prescription. You must read all prompts carefully as they may contain essential safety information. Do not proceed if you do not understand anything on the questionnaire or are unsure on how you should
answer questions. If this happens, you can contact us or your regular doctor for clarification.
Upon completing your medical questionnaire, Medicspot’s clinicians will assess the answers and make a diagnosis. If appropriate, a prescription may be generated which can be dispensed to you through a third party pharmacy. There may be times where Medicspot’s doctors require further information before making a decision on care. If this is the case, Medicspot will get in touch to organise a telephone call. These telephone calls may be recorded for clinical governance purposes.
All of Medicspot’s doctors are either General Medical Council (GMC) or Irish Medical Council (IMC) registered doctors. The GMC is the official register of medical doctors in the UK and the IMC is the official register of medical doctors in Ireland. You can find out more about the doctors who will be managing your requests by going to https://www.medicspot.co.uk/doctors . Medicspot may also use suitably qualified clinicians who are not doctors to perform your consultation and generate prescriptions.
Following your consultation, you will be given an outcome with further information. If you do not understand it, get in contact with Medicspot who will help you in understanding it. You should always keep your regular healthcare provider updated with your medical history and medication you are taking and for what reason so your medical records are kept up to date. Medicspot will do this for you if you ask us to do so.
THE PRODUCT, WHEN USED SEPARATELY FROM THE CONSULTATION PORTION, DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE. DO NOT USE PRODUCT FOR SELF-DIAGNOSIS OR SELF-MEDICATION. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS. ANY MEDICAL ADVICE OR DIAGNOSIS SHALL BE PROVIDED SOLELY BY OUR CONSULTATION PARTNER. ALWAYS SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL QUESTIONS YOU MAY HAVE. RELYING ON THE PRODUCT SEPARATELY FROM THE CONSULTATION PORTION AND WITHOUT FURTHER ADVICE FROM OUR CONSULTATION PARTNER IS AT YOUR OWN RISK.
MOBILE DEVICE SECURITY
We are not responsible for ensuring or maintaining the security of the mobile device upon which you download and operate the App. Accordingly, we shall not have responsibility in relation to the following circumstances:
Where you provide your thumbprint, face ID or passcode to your mobile device in order to access the App, we do not have access to this information and we therefore are not responsible for unauthorised access to the App where your device’s security controls have been compromised.
You are responsible for protecting your mobile device from unauthorized access which could lead to unauthorized access to the App or Service. Where your mobile device is stolen or subject to unauthorized access, we are not responsible for the exposure of any App information stored on that device.
CUSTOMER CONDUCT; OWNERSHIP
Access and Use. Access and use of any portion of the Service is permitted only for your own personal use and only as long as you are in compliance with these Terms. We may, for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, our determination that you violated the letter or spirit of these Terms or an infringement of the rights of others or any applicable laws or regulations. You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service. In addition, we may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service. Although we try to make the Service always available to you, we cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.
In connection with the Services, you agree (i) to abide by all applicable laws and regulations, and (ii) only make use of information that you own or have a right to use. Without limiting the above, you may not:
Allow or facilitate a third party, to violate or infringe any rights of us or others or our policies or the operational or security mechanisms of the Service.
Use the Service in any way that restricts or inhibits the use of the Service.
Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works from or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Product or and part of the Service ("Marks") but excluding content provide entirely by you).
Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service's security and traffic management devices.
Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit content, or monitor or scrap information from the Service.
Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
Proprietary Rights. The Product and the Services, including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the Product or the Services and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that we (or its licensors) own and will own all intellectual property rights in or relating to the Services, the Product and our Marks. Any rights to the Product, the Services or the Marks not expressly granted herein are reserved by us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Product or the Service, or with respect to any publisher or publication mentioned on the Service.
Restrictions. You shall not: (1) copy, distribute or modify any part of our Product or Services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Product and Services; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our Services; (5) copy any source code for the purpose of mimicking the look and feel of our Product or Services; (6) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Services, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Product and the Services or any content related thereto.
Licence. You grant to us a royalty-free right to use your data and content solely in order to provide the Service in accordance with this Agreement.
THE PRODUCT AND THE SERVICES AND ANY CONTENT ASSOCIATED THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
LIMITATION OF LIABILITY
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT LEGALLY BE LIMITED.
SUBJECT TO THE AFOREMENTIONED:
NEITHER WE OR YOU SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES, AND ANY LIABILITY WE OR YOU HAVE SHALL BE LIMITED TO FORESEEABLE LOSSES;
WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR DELAY OF THE SERVICE THAT IS CAUSED BY EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS (WITHOUT LIMITATION) YOUR DEVICE HAVING A SLOW OR WEAK INTERNET CONNECTION, OR YOUR FAILURE TO FOLLOW THE USER INSTRUCTIONS ACCOMPANYING YOUR URINE TEST KIT AND/OR PROVIDED TO YOU THROUGH THE APP; AND
OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED £100.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from your violation of any of these Terms.
These Terms will be governed by the laws of England. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
TERM AND TERMINATION
These Terms are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms, you must stop your use of access to our Product and Services. You agree that any termination of your access to the Service may be affected without prior notice, and acknowledge and agree that we may immediately deactivate your access or delete all your related information and files and bar any further access to such files or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Services.
If you have any questions regarding our Terms and Conditions, please feel free to contact us at: firstname.lastname@example.org
INFORMED CONSENT FOR TELEHEALTH SERVICES
You understand that by checking the “agree” box for these Terms and/or any other forms presented to you on the App or on the Website you are agreeing to the terms of this Consent to Telehealth and that such action constitutes a legal signature. All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms in which this Consent to Telehealth services is included.
Healthy.io (UK) Ltd does not provide medical services, including via the Product and Services. Healthy.io provides a platform to facilitate a consultation between the Consultation Partner and you. The Consent to Telehealth services is between you and the Consultation Partner.
Telehealth services involve the use of electronic communications to enable health care providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:
Email and text messages
Live two-way audio and video and data communications
Output data from medical devices
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Possible Benefits of Telehealth
Improved access to medical care
More efficient medical evaluation and management
Possibility of selecting a time that is convenient to you
Possibility to choose a location that is convenient for you
Possible Risks of Telehealth
As with any medical procedure, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
Information transmitted may not be sufficient to allow for appropriate medical decision making by the provider;
Provider may not be able to provide medical treatment for your particular conditions;
Regulatory requirements may limit your provider's ability to provide treatment options, including prescriptions;
Delays in medical evaluation and treatment could occur due to deficiencies or failures in technology equipment;
Security protocols could fail, resulting in privacy breaches of personal medical information;
By accepting this agreement, I understand the following:
I have read and understand the information provided above regarding the benefits and risks of telehealth provided to me for medical care and treatment by the Consultation Partner to whom I’ll be connected through Healthy.io's Product, and that Healthy.io does not itself provide medical care or treatment.
I give my informed consent to the use of telehealth by the Consultation Partner affiliated with Healthy.io.
I understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth.
I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time by emailing Healthy.io with such instruction.
This consent will be renewed upon further consultations, unless I explicitly withdraw consent over email.
I understand that I have the right to inspect all information obtained and recorded in the course of a telehealth interaction, and may receive copies of this information for a reasonable fee.
I understand that I may expect the anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.
I understand the Consultation Partner may determine that I’m not suitable for telehealth consultation.
I authorize the Consultation Partner to share info on my telehealth exam with others for treatment, payment, and health care operations.
I authorize the Consultation Partner to release info regarding the exam to its affiliates.
I consent to receive emails or other electronic communications Healthy.io and its Consultation Partner pertaining to my care from the Consultation Partner, which may include Personal Information, including personal health information which is considered under the GDPR as special categories of data.