BioMe Health and Performance Limited –  Consumer Terms and Conditions

1. These terms

1.1

What these terms cover. We are BioMe Health and Performance Limited. These are the terms and conditions on which we provide to you our services (referred to as ‘BioMe Services’ in these terms), which include in-person and online live coaching sessions, pre-recorded video content, phone calls and emails, written plans and recommendations, and the provision of preparatory services such as reviewing your responses to an online health and performance questionnaire (“Questionnaire”). Please pay particular attention to the Disclaimer below before placing your order. BioMe Services are not a substitute for medical advice. If you have any concerns regarding your health, you should discuss them directly with your GP or other medical professional.

1.2

Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide BioMe Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any explanation of them, please contact us to discuss.

1.3

Please pay particular attention to our Privacy Notice. This sets out important information as to how we will use any information obtained or collected from you.

2. Disclaimer

2.1

The BioMe Services are not a substitute for medical advice. We do not undertake any diagnostic or screening procedures for any disease, disorder or injury; nor do we treat any disease, disorder or injury. If you have any concerns regarding your health you should discuss them directly with your GP or other medical professional.

2.2

The BioMe Services provide you with information only, as one of many information points you will use in determining a course of action that may be appropriate for you. We do not guarantee that application of any part of the information given in the BioMe Services will achieve your desired outcome. In the absence of any negligence or other breach of duty by us, action that you take as a result of using the BioMe Services is entirely at your risk.

3. Information about us and how to contact us

3.1

Who we are. We are BioMe Health and Performance Limited, a company registered in England and Wales. Our company registration number is 11607439 and our trading address and registered office is at 22 Farfield Road, Shipley, United Kingdom, BD18 4QP. Our registered VAT number is 307976961.

3.2

How to contact us. You can contact us by telephoning our customer service team at +44 (0)333 577 3210 or by emailing us at team@biome-wellbeing.com.

3.3

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us when registering for the Programme or in the Questionnaire you complete.

4. Out contract with you

4.1

How we will accept your order. Our acceptance of your order for BioMe Services will take place when we email you to confirm it (referred to a ‘Order Confirmation’ in these terms), at which point a contract will come into existence between you and us on these terms and conditions. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.

4.2

If we cannot accept your order. If we are unable to accept your order, for any reason, we will inform you of this by email and will not charge you for the BioMe Services.

5. Consumer rights to cancel your order

5.1

Consumer’s Right to Cancel. For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in this section. You may for any reason cancel an order for BioMe Services during the 14-day period after you receive an Order Confirmation. You can cancel in any way convenient to you, including using the contact details above. But to the extent that you have expressly requested us to provide any BioMe Services in that 14-day period and we do so (for example, access to paid online material), you may not cancel those BioMe Services and you must pay for them

5.2

Partial Cancellations. If you cancel your purchase under your statutory right to cancel and you have already made any payment to us, we will refund the payment for the cancelled purchase to you within 14 days of receiving your cancellation less any amount due for the BioMe Services that we have provided.

5.3

How we will refund you. We will refund you by the method you used for payment. However, we may make deductions from the price, as described above.

5.4

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: Your refund will be made within 14 days of your telling us you have changed your mind.

6. Your rights to make changes

6.1

If you wish to make a change to the BioMe Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the BioMe Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Our Proprietary Rights in our programme material

7.1

Minor changes to the BioMe Services. We may change the BioMe Services you order:

(a)

to reflect changes in relevant laws and regulatory requirements;

(b)

in order to improve the BioMe Services as deemed necessary by the BioMe team according to new evidence or best practices regarding health, wellbeing and behaviour change; and

(c)

to implement minor technical adjustments and improvements. These changes will not affect your ability to access the BioMe Services.

8. Providing the BioMe Services

8.1

How we provide the BioMe Services. The BioMe Services you purchase will be as set out during the order process. They may comprise one or more live sessions, either in person or online (referred to as ‘Sessions’ in these terms). Other parts of the BioMe Services may be delivered via video, email, phone call, website or other digital communication.

8.2

In-person group Sessions. If you order a place at an in-person group Session, during the order process we will let you know when and where the Session is scheduled to take place. For any follow-up video calls following the Session, we reserve the right to determine the date and time of the Sessions.

8.3

Online Sessions. Some Sessions are provided to you by means of third-party communications systems. We have no control over those services and we are not responsible for any problems you encounter using the Sessions by these means. You must abide by the terms and conditions of the relevant communications system provider when using their services. When attending any online Sessions, you must have video and audio enabled.

8.4

We are not responsible for delays outside our control. If any Session is delayed or postponed by an event or circumstance outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the delay or postponement.

8.5

If you do not attend a Session. In the event of your being unable to attend a Session at the time you originally booked, we will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative Session date and time we propose, we will be under no obligation to refund you in respect of the Session.

8.6

Arriving Late. If you are late for any Session, we will not extend the length of it beyond its scheduled finishing time unless we specifically agree to do so at the time when you arrive.

8.7

We may also suspend supply of the BioMe Services if you do not pay. If you do not pay us for the BioMe Services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the BioMe Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the BioMe Services. We will not suspend the BioMe Services where you dispute the unpaid invoice.

8.8

Your behaviour in respect of the Sessions. We reserve the right to terminate your participation in any Session at any point if you are disrupting it or (in the event that others are attending the Session) it is in the interests of others who are attending that Session. By way of example, we may remove any person who uses threatening, abusive or insulting words or behaviour or is in our reasonable opinion acting under the influence of alcohol or drugs. You will not be entitled to any refund in the event that we terminate your participation in a Session in these circumstances. Mobile phones should be switched to silent mode and put away during any Session.

9. The location of in-person Sessions

9.1

You must conduct yourself in a reasonable and responsible manner at all times when at the premises in which any in-person Session takes place (“the Location”) and must not act in any way which may disturb other guests at the Location. If you do not, we may ask you to leave the Location and you will not receive a refund.

9.2

We do not permit you to:

(a)

smoke anywhere in the Location;

(b)

bring into the Location any child as we do not have anyone to supervise them; or

(c)

bring any animals into the Location with the exception of guide dogs. If you require the use of a guide dog, you should inform us of that before you order the Session.

10. Our Proprietary Rights in our Content

10.1

We have taken a lot of time, resources and energy to make the BioMe Services unique and high-quality. We own or licence the intellectual property rights in all content delivered in the BioMe Services be it in oral, in written or electronic form (referred to as ‘Content’ in these terms). Except for the limited right to use it set out in this section, we reserve all our rights in the Content.

10.2

Whenever we provide you with Content or access to Content, you will not own the rights to it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you accessing and using it for the purposes of your own personal health and wellbeing.

10.3

You are not entitled to share the Content with any other person. You must not adapt the Content for other uses. You must not use any part of the Content for commercial purposes.

11. Our obligation of confidentiality

11.1

Those BioMe personnel who are engaged in dealing with your data in connection with the BioMe Services are subject to a professional obligation of confidentiality in respect of it.

11.2

Except where it has been anonymised (so that it can no longer identify you), we will not disclose it or use any personal data about your health, or any information regarding your ethnic origin, for any purpose other than providing the BioMe Services.

12. Our cancellation of sessions

12.1

We may cancel a Session booked by you at any time before the time and date of that Session in the following circumstances:

(a)

If it is a group Session, the required minimum number of people for the Session have not booked for that Session; or

(b)

the required BioMe personnel necessary for the Session are not available; or

(c)

an event beyond our reasonable control occurs which makes it impractical for us, or less effective for you, to run the Session.

12.2

If we cancel a Session in such circumstances we will refund to you in full the payment that you have made to us for that Session.

13. If there is a problem with the BioMe Services

13.1

How to tell us about problems. If you have any questions or complaints about the BioMe Services, please contact us. You can contact us by telephoning our customer service team at +44 (0)333 577 3210 or by emailing us at team@biome-wellbeing.com.

13.2

Your legal rights. We are under a legal duty to supply BioMe Services in conformity with this contract. Nothing in these terms will affect your legal rights conferred on you by your status as a consumer.

14. Price and payment

14.1

Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the order pages when you place your order.

14.2

When you must pay and how you must pay. We accept payment with debit and credit cards. We will take payment on acceptance of your order.

14.3

What to do if you think a charge is wrong. If you think we have wrongly calculated or applied a charge, please contact us promptly to let us know.

15. Our responsibility for loss or damage suffered by you

15.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2

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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the BioMe Services referred to in clause 13.2.

15.3

We are not liable for business losses. We only provide BioMe Services for personal and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. How we may use your personal information

16.1

How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Notice.

17. Other important terms

17.1

We may transfer our contract with you to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the BioMe Services, we can still require you to make the payment at a later date.

17.6

Which laws apply to this contract? These terms are governed by English law and you and we can bring legal proceedings in respect of the BioMe Services and the Content in the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.