7.3 If our supply of the products is delayed by an event outside our 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 event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.7 You own a product (being the garment and the sensor but not the app) once we have received payment in full.
- 14 day period to change your mind.
- Consumer to pay costs of return.
How our goodwill guarantee is more generous
- 30 day period to change your mind.
- We pay the costs of return.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered or downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Stock Consolidation, Oakhill Trading Estate, Unit 55-62, Devonshire Road, Worsley, Manchester, M28 3PT or (if they are not suitable for posting) allow us to collect them from you. Please email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection which may be deducted from any final refund settlement.
9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us, or there is a problem with the pricing of the product on our website (as set out in clause 12.2) or there is a problem with the listing of the product on our website.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
11. If there is a problem with the product
11.1 If you have any questions or complaints about the product, please contact us. You can email our customer service team at firstname.lastname@example.org.
11.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 With any purchase of a sensor from us we offer a 365 day “no quibble” guarantee if the sensor is not working. With any purchase of a garment from us we offer a 100 day “no quibble” guarantee if the garment is not working. Please email our customer service team at email@example.com.
11.4 All returns under clause 11.3 will require you to return the faulty product to the manufacturer but we will cover this cost. You may also be required to provide photos as evidence of any damaged products.
11.5 We may supply you with a reconditioned sensor as a replacement.
12. Price and payment
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
12.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly
priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you to agree the higher price or cancel the order.
12.3 We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. For the app, you must pay before you download it.
13. Our responsibility for loss or damage suffered by you
13.1 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. 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.
13.2 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 products; and for defective products under the Consumer Protection Act 1987
13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business, medical/diagnostic or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 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.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
PREVAYL APPLICATION TERMS AND CONDITIONS
WHO WE ARE AND WHAT THESE TERMS OF SERVICE DO
We Prevayl Limited of 57 Spring Gardens, 38-54 Mosley Street, Manchester, M2 3AZ United Kingdom license you to use:
- the Prevayl mobile application software (App) and any updates or supplements to it;
- the Prevayl platform (Platform); and
- the Prevayl clothing product (including the sensor) that you connect to via the App or Platform and the information and content we provide to you through it (Service),
as permitted in these terms of service (Terms).
Please be aware that internet transmissions may never be completely private or secure and that any message or information you send using the App, Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Please be assured that we will take security of your data very seriously and take all reasonable care to ensure your personal data is secure whilst using our App, Platform and Services.
OPERATING SYSTEM AND BROWSER REQUIREMENTS
The App requires a recent Android or iOS device to run on. Generally, we maintain compatibility with the last three versions of each mobile operating system.
Use of the Platform requires a recent browser running on a desktop, laptop or mobile phone.
CREATING AN ACCOUNT
Full use of the App, Platform and our Services requires that you create an account by providing us with all relevant personal information as well as a password. You must provide us with accurate and complete information about you. You agree not to impersonate any other person or entity. You are responsible for all activity that occurs in association with your account. Please email our customer service team at firstname.lastname@example.org if you discover or suspect any security breach related to your account.
We may suspend or terminate your account and your ability to use our App, Platform and/or Services for a failure to comply with these Terms. You may close your account at any time by contacting our customer service team at email@example.com.
Support. If you want to learn more about the App, Platform or our Services or have any problems using them please take a look at our support resources at https://prevayl.zendesk.com/hc/en-gb.
Contacting us (including with complaints). If you think the App, Platform or our Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us. Please ensure your email address is kept up to date.
HOW YOU MAY USE THE APP AND THE PLATFORM, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these Terms you may:
- download the App onto any number of suitable devices and view, use and display the App and the Service on such devices for your personal purposes only;
- use the Platform including any family, group, company or team facilities you have signed up for via the Platform; and
- receive and use any free supplementary software code or update of the App or Platform incorporating "patches" and corrections of errors as we may provide to you.
YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS AND USE THE APP AND THE PLATFORM
You must be 18 or over to accept these terms and use the App and the Platform.
YOU MAY NOT TRANSFER THE APP OR PLATFORM TO SOMEONE ELSE
We are giving you personally the right to use the App, the Platform and the Services as set out above. You may not otherwise transfer the App, the Platform or the Services to anyone else.
If you sell any device on which the App or the Platform is installed, you must remove the App and the Platform from it. We will not be responsible for your personal data where you sell or transfer the App, Platform or use of the Services to anyone else.
CHANGES TO THESE TERMS
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you when we do this.
If you do not agree with the notified changes you must of your own accord stop using App and the Platform and remove them from your devices. If you do not stop using the App and the Platform and remove them from your devices you will have signified your agreement with the notified changes. If you do not change your email address if you discontinue using that email address you agree to all notified changes that we make.
UPDATE TO THE APP AND CHANGES TO THE SERVICES
From time to time we may automatically update the App, the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App or the Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, the Platform and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App or Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App, the Platform or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Platform or Services, except as part of the normal use of the App or Platform or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Platform or Services nor permit the App, Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App, Platform and the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, Platform or the Services nor attempt to do any such things, except to the extent permitted by law;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Platform or any Service.
ACCEPTABLE USE RESTRICTIONS
- only connect to the Services using a Prevayl clothing product and electronic sensor that is manufactured, distributed or sold by Prevayl itself or through its authorised resellers or agents;
- not use the App, Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Platform, any Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App, Platform or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- not use the App, Platform or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; and
- not upload, distribute or transmit any virus, or, any material through our App or Platform that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
By using our App, Platform and our Services you permit us to you use your Content and grant us a worldwide and royalty free licence to use such Content to permit us to perform our Services.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Platform and the Services throughout the world belong to us (and/or our licensors) and the rights in the App, Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Platform or the Services other than the right to use them in accordance with these Terms.
Our App, Platform and our Services are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, we do not make any warranties or representations, express or implied, regarding the access and use of our App, Platform and our Services including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness,(iv) reliability, defects, operation and availability (v) non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error free basis.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 these Terms 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 you accepted these Terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App and the Platform is for domestic and private use. If you use the App or the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any indirect or consequential losses.
Limitations to the App, the Platform and the Services. The App, Platform and the Services are provided for general information and health purposes only. They do not offer advice on which you should rely. Any reliance you place on our Services is entirely at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App, Platform or the Service. Although we make reasonable efforts to update the information provided by the App, Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The accuracy of the data collected and presented back to you via our App, Platform and our Services is not intended to match that of medical devices or scientific measurement devices. A small percentage of people may have certain health conditions preventing the creation of enough signal to produce a good reading and transfer of data which may impact the ability to use the Services effectively.
People who have a pacemaker, defibrillator, or other implanted electronic devices use the Prevayl sensor at their own risk. Before starting the initial use of the product, we recommend an exercise test under a doctor’s supervision. This will ensure the safety and reliability of the pacemaker and Prevayl enabled garment when being used simultaneously. Exercise may include some risk, especially for those who have been sedentary. We strongly advise you to consult your doctor prior to beginning a regular exercise program.
Whilst Prevayl’s technology is validated as being accurate, it is not a medical product and Prevayl will not accept responsibility for any erroneous data readings.
Always consult your doctor before beginning an exercise program. Overexertion may cause serious injury.
Please back-up content and data used with the App and Platform. We recommend that you back up any content and data used in connection with the App and Platform, to protect yourself in case of problems with the App, Platform or the Service.
Check that the App, Platform and the Services are suitable for you. The App, Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, Platform and the Services (as described on the Apple App Store and Google Play Store) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App, Platform or the Services is delayed by an event outside our control then we will endeavour to contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.
WE MAY END YOUR RIGHTS TO USE THE APP, PLATFORM AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App, Platform and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App, Platform and Services:
- You must stop all activities authorised by these Terms, including your use of the App, Platform and any Services.
- You must delete or remove the App and Platform from all devices in your possession and immediately destroy all copies of the App and Platform which you have.
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 (including by email) if this happens and we will ensure that the transfer will not affect your rights under the contract.
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 in writing.
NO RIGHTS FOR THIRD PARTIES
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
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.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
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.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the an alternative dispute resolution provider or the Citizens Advice Consumer Service.