Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms (Terms) set out the rules for access to and use of our website www.luudhealth.com (our Site).
Who we are and how to contact us
Our Site is operated by eWellness Limited ("we" “us” “our”). We are registered in England and Wales under company number 12346871 and have our registered office at 18-20 Kew Road, Richmond, eWellness Ltd, TW9 2NA. Our VAT number is GB343159213.
To contact Us, please email contact@luudhealth.com.
BY USING OUR SITE YOU ACCEPT THESE TERMS AND CONDITIONS OF USE
These Terms apply to both visitors and registered users of the Site. By using our Site, you agree to use the Site only for lawful purposes and you confirm that you have read, understood and accept these Terms of use and any other Terms referred to, and that you agree to comply with them.
IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT USE OUR SITE.
We recommend that you print a copy of these Terms for future reference.
There are other terms that may apply to you
These Terms refer to the following additional terms, which also apply to your use of our Site:
- Our Privacy Policy which sets out how we use your personal data.
- Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy which sets out information about the cookies on our Site.
If you go on to purchase products or services (“Products” or “Services”) from our Site, our Terms and Conditions of Supply will apply to the sales.
Users of this Site and Account registration
If you choose to purchase Products and Services from our Site you must create a registered user account (“Account”).
In registering an Account on our Site, you agree that you will: 1) only use the Account in your name and on your own behalf and 2) not give access to any other person to use or share your Account with nor will you use your Account on behalf of anyone else and 3) not register the Account in a false name or pretend to be someone else or disguise your identity.
In the event that any information you have provided in connection with your Account registration is deemed to be untrue, false, inaccurate, maliciously misleading, out-of-date or incomplete or we may have reasonable grounds to believe such information may be as described above, we reserve the right, in addition to all and any rights we may have, to terminate, disable, refuse any and all current or future access to or use of this Site and any of our Products or Services.
Our Site is only for users in certain countries
Our Site is directed to people residing in England, Scotland, Wales and Northern Ireland only however please note at this time we do not ship Test kits to Northern Ireland. We do not represent that content available on or through our Site is appropriate for use or available in other locations at this stage.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in creating an Account, you must treat such information as strictly confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@luudhealth.com.
We may make changes to these Terms
We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.
We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our Products, our users’ needs and our business priorities.
We may suspend or withdraw Our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. Access to third party sites is at your own risk. We reserve the right to modify and remove any third-party link at any time on in our sole discretion for any reason whatsoever.
User-generated content is not approved by Us
This 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.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in England, Wales, Scotland and Northern Ireland (each a Permitted Territory). By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Website and any related content and services.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us on contact@luudhealth.com.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- 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.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our Site, Products and Services for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to Our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our Site other than that set out above, please contact contact@luudhealth.com.
Intellectual Property Rights
Luud Health and LUUD logo are registered trade marks of eWellness Limited. You are not permitted to use them without our approval.
eWellness Limited is the owner of the following intellectual property rights (“Intellectual Property Rights”) in the Site and which may subsist in any Products or Services provided through this Site (whether those rights happen to be registered or not, wherever in the world those rights may exist):
copyright, trademarks, patents, logos, domain trade and business names, service marks, text, graphics, user interfaces, visual interfaces, software, database rights, illustrations, images, photographs, design, moral rights, rights in know-how, ‘look and feel’ and ‘get up’ including arrangement, structure, expression and any functionality, features, user guides, user templates, user forms and any and all materials published on Our Site (except where such content is identified as third party content).
Furthermore, some Products and Services provided to you through this Site may contain information which is classed as confidential by us and you agree you will not disclose such information without our prior written consent.
Except as expressly authorized by us, you agree not to and not to permit anyone else to modify, rent, lease, loan, sell, distribute or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Products or Services or software or any part thereof, in whole or in part.
Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Products or Services, is the copyrighted work of eWellness Limited and/or its suppliers. Your use of the software is governed by the terms of the ender user license agreement, if any, which accompanies it or is included with the software (“License Agreement”). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Unless you have been expressly authorized to do so in writing by Us, you agree that in using the Products or Services purchased on Our Site, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names, or logos. You agree that shall not remove, obscure, or alter any proprietary rights, notices (including copyright and trade mark notices) that may be affixed to or contained in any Products or Services or within this Site.
For any Software not accompanied by a License Agreement, we grant you a personal non-transferable, and non-exclusive right and license to use the object code of its software on a single computer for personal use. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software unless this is expressly permitted or required by law, or unless you have be given specific permission by Us in writing.
This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services provided by Us. Unless we give you specific written permission to do so, you may not assign (or grant a sublicence of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the Products or Services. You agree not to access the Products or Services by any means other than through the interface that is provided by Us for use in accessing the Service.
We reserve the right to investigate any suspected or actual improper illegal or unauthorised use of this Site (or any part of it).
Any rights not expressly granted herein are reserved.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these Terms of use, their subject matter and their formation, are governed by English law. 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.
If you are a business, these Terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This policy is dated: 17 November 2023