Terms and Conditions

Last revised: 08/05/20

 

USER TERMS Including Website Terms of Use 

We welcome you to our Website alyvewellness.com and any and all of the Services supplied, resources and content therein and use of the Website is subject to the following Terms, together with our Privacy Policy and these Web site Terms of Use. 

 

Definitions 

0.0 Account - An account on this Site Only.

0.1 Client - Any persons wishing to register on the site for the purposes of receiving the services provided by Alyve “ Client”,” Customer”, “You”, “Your” or “Yourself`”

0.2 Company - Alyve - “Us”, “We” or “Our”  

0.3 Contract - These are deemed to be the Terms and Conditions hereby set out in this Contract and no other terms.

0.4 Parties - The Client, and/or the Company.

0.5  Services - means the Services offer on the Website .

0.6 Site - Alyve Wellness LTD Website

0.7 Terms and Conditions - Our Privacy Policy, Website Terms of Use and these Terms and Conditions.

 


1. Acceptance of Terms and Conditions

 

1.1 By accessing and using the Site, you acknowledge that You have read, understood and agree to be bound by these Terms, including the Privacy Policy and the Website Terms of Use which are expressly incorporated into these Terms and Conditions, which together form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms You may no longer access or use the Site or any of its content and Your right to use this site is revoked.                

 

 

2. Changes to the Terms and Conditions

 

2.1 These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page.                                                                            
2.2 Each time you access, use or browse the Site, You signify Your acceptance of the then-current Terms.                                                                                                                                                
2.3 Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.                                                                                                               
2.4 We may make changes to the Site, content, products, services or features of the Site at any time.                                                                                                                                                   
2.5 You acknowledge and agree that We may discontinue or restrict Your use of the Site at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal.                                                       

2.6 It is Your responsibility to ensure that Your personal data held on this Site is up to date at all times.

 

 

 

3. Permitted Users of the Site

 

3.1 The Site and Services are intended solely for persons who are 18 or older. 

3.2 Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services You represent and warrant that;

3.2.1 You agree to be bound by these Terms; and 

3.2.2 that You are 18 or older and able to form legally binding contracts.

3.3 If You have accessed this site and You are under the age of 18 You must immediately leave the site and must not access the site in the future until You reach the age of 18.

 


4. How the Site and Services Work

 

4.1 We are a subscription site only, and to use the Services we offer you must register an account. 

4.2  You may view the Site as an unregistered visitor to the Site and Services; however, if you wish to use the Services, You must first register to create an Account (as defined below).

4.3 We offer an online bespoke vitamin service based upon you answers to our questionnaire. We also offer an online finger prick blood test service.

4.4 While We do our best to ensure all of our Services are positive and add value, We are not responsible for the outcome of the blood test nor any adverse effect of the bespoke vitamins we supply . Please see clauses 16 and 17. 

4.5 We verify the credentials of all products as claimed on our Website to the best of our ability. You understand and acknowledge that We are not manufacturers of the vitamins but are a Service and Product Provider.

4.6 You acknowledge  and agree that We are not  liable for any loss or damage caused by your reliance on information, results or products provided or supplied by Us or information contained in the blood test results.

4.7 You acknowledge and agree that We offer no guarantee as to the Services and Products supplied and  You acknowledge and agree that We have no liability for any loss or damage ( how so ever caused ) caused to You or by You in Your use of this Site or the purchase of Products or the Services supplied.

4.8 Password and Website Security:-

4.8.1You will be required to choose a password and user name to register onto the Site. This password and User name must be unique to You. You should  make Your password as unique as possible and change it from time to time.

4.8.2 It is Your sole responsibility to keep secure to only Yourself, the user name and password You have chosen which gives You access to the Site. You should ensure that it remains confidential at all times. It must not be shared with any other person. 

4.8.3 You are obligated, under these terms,  to inform us as soon as such information is know to You of any breach of security involving either Your password or user name is brought to You attention.

4.8.4 If You are aware, or may be aware or believe or have the suspicion that Your password or user name has been used in any unauthorised way You must advise Us as soon as it becomes known to You and change Your password immediately to prevent any further breach.

4.8.5 We accept no responsibility or liability for any unauthorised or improper use or disclosure of any Password. 

 


5. Payment, Cancellation & Refund Policy

 

5.1 Payment terms - We use ‘Stripe’ for the payment for our products and Services and ‘Recharge’ for our subscription Service. Payment may only be made through this payment provider. When you are making Your payment You are subject to the payment providers terms and conditions and privacy policy and not Ours. We recommend that You read their terms.   

5.2 Cancellations - 

5.2.1 You may, by notice in writing to Us, cancel or pause Your contract with us at any time from the date of the notice. 

5.2.2 Your Subscription for bespoke vitamins and blood tests will continue on the agreed and intervals unless paused or cancelled by You. You may pause or cancel this subscription by notice in changing your subscription settings within your Alyve Account. Your subscription will be cancelled or paused from the date You notify Us. 

5.3 Refunds - We are unable to offer any refunds on any products supplied as we are unable to reuse any products once they are sent out, We do not accept returns of product on our bespoke vitamins. However, for Blood Test Kits for reasons of strict hygiene we cannot accept the return of the blood test kit itself. We are able to offer you a refund subtracting away the cost of the kit and cost of postage and packaging on up to 30 days on confirmation of purchase. 

 


6. User Account Registration

 

6.1 Direct Registration: To access certain features of the Site and to create an account, you are obliged to register  to create an account (“Alyve account”) and become a User. 

6.2 You must register directly via the Site as described in this section.

 


7. User Conduct

 

7.1 You acknowledge and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Site, Services and Content. We do not accept any liability, damage or losses, how ever caused by Your use of this Site. Please see clauses 16 and 17. 

7.2 In connection with or whilst using Our Site and Services, You may not and You agree that you will not: 

7.2.1 violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; or

7.2.2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content; or

7.2.3 use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; or 

7.2.4 copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms; or

7.2.5 infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, patent  or contractual rights; or

7.2.6 interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan Horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; or 

7.2.7 use Our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or 

7.2.8 use Our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of Our Site or Services; or

7.2.9 or collect or store any personally identifiable information about any other user other than for purposes of transacting as a customer; or 

7.2.10 register for more than one Alyve Account or register for a Alyve Account on behalf of an individual other than Yourself; or 

7.2.11 contact Us for any purpose other than asking a question related to the Services; or 

7.2.12 recruit or otherwise solicit any other customer to join third party services or websites that are competitive to Alyve, without Alyves’,  prior agreement and written approval; or 

7.2.13  impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or 

7.2.14 use automated scripts to collect information or otherwise interact with the Site or Services; or

7.2.15 use the Site and Services to find vitamins or complete a blood test and then complete a transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to Us or our provision of the Services; or

7.2.16 as a customer, submit any false or misleading information, or submit any information which is intended to falsify, change or shield  your health Information; or

7.2.17  post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; or 

7.2.18 systematically retrieve data or other content from Our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or 

7.2.19 use, display, mirror or frame the Site or any individual element within the Site, Services, or Alyve, name, any Alyve, trademark, logo or other proprietary information, intellectual property or the layout and design of any page or form contained on a page, without Our express agreement and prior  written consent; or

7.2.20 access, tamper with, or use non-public areas of the Site or Our computer systems, or the technical delivery systems of Alyve, providers; or

7.2.21 attempt to probe, scan, or test the vulnerability of any of Our or network or breach any security or authentication measures; or 

7.2.22 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Alyve, or any of Our providers or any other third party (including another user) to protect the Site, Services or Content; or 

7.2.23 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information; or

7.2.24 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

7.3 We have the right, and intend to do so,  to investigate and prosecute violations of any of the above to the fullest extent of the law. 

7.4 We will involve and cooperate with law enforcement authorities in prosecuting Users who violate  any or part of these Terms. 

7.5 You acknowledge that We have  no obligation to monitor Your access to or use of the Site, Service's or Content or to review or edit any Content, but We have the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms; or

7.5.1  to comply with applicable law or the order or requirement of a court order, court of competent jurisdiction, administrative agency or other governmental body.

7.6 We reserve the right, at any time and without prior notice, to remove or disable Your access to your Account at Our sole discretion and for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

 

8. Test Results

 

8.1Test results and their comments and interpretations provided for the finger prick blood test are for the purposes of information only.

8.2 The results and commentary do not constitute a clinical diagnosis, nor is it a substitute for proper medical investigation and medical advice. 

8.3 The comments and interpretations are based on the information available at the time of the test, which may be  insufficient to gain a complete understanding  of your health or any condition which you may have.

8.4 It is always our advisable that you should contact a qualified medical practitioner ( your own G.P. or a Doctor ) if you have any concerns about you health.

8.5 You agree that you are solely responsible for your own health and your own actions in respect of your own health and we do note accept any liability in any event in respect of your health.

8.6 The tests results and any accompanying interpretation will be sent you you via your email, or by post or by which ever your choose. We will treat this information as Special Category Data which you have expressly given your permission to collect. Please see our Privacy Policy.

 


9. Medical Questionnaire

 

9.1 To provide you with our Services more efficiently you will be presented with a questionnaire.

9.2 The questionnaire asks for information in relation to your medical history and other relevant questions such as family history and your life style. You do not need to answer these questions but the results will be limited by the lack of relevant information and We may not be able to supply a full service under these conditions.

9.3 The sample (finger prick blood test ) you send will be sent for analyses and will only be analysed in relation to the test that has been agreed.  

9.4 Whilst all of the ingredients are of the finest quality and fully detailed on the packaging, please ensure that you read  the ingredient list in case of any allergen concerns and any possible allergic reactions. We accept no liability, whatsoever, for any and adverse reaction to our products. 

 


10. Dispute Resolution

 

10.1 You and Us agree and acknowledge  that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or (collectively, “Disputes”) shall be submitted to arbitration  and will be settled by binding arbitration.

10.2 If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.

10.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR )  will be made and his/her recommendations will be adopted. 

10.4 You and Us agree and acknowledge that  each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

10.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding. 

10.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. 

10.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. 

10.8 Except as provided in clause 10.4 , this “Dispute Resolution” section will survive any termination of these Terms.

 


11. Privacy

 

11.1 See Our Privacy Policy and Cookie policy then follow the link in the site “Privacy Policy” for information and notices concerning Our collection and use of Your personal information.

11.2 We confirm that this policy is only in respect of Our website and Our content and no other content or website, even if the content is on Our website or available through Our website. 

11.3 You must read this Policy and if You do not agree to its terms You must leave the site and may not use the Services supplied through the Site. 

 


12. Alyve - Content and Content License

 

12.1 Subject to Your complete compliance with the Terms and Conditions of this Site , We grant You a limited, non-exclusive, non-transferable license, to:

12.1.1 access and view any Our Content solely for Your personal and non-commercial purposes; and

12.1.2 access and view any Content to which you are permitted access, solely for Your personal and non-commercial purposes. 

12.2 You have no legal rights over this Content and no  right to sublicense the license rights granted in this section.

12.3 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms.

12.4  No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.

 


13. Links

 

13.1 The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that We are not responsible or liable for:

13.1.1 the availability or accuracy of such websites or resources; or

13.1.2  the content, products, or services on or available from such websites or resources. 

13.2 Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. 

13.3 You acknowledge and agree that You have  sole responsibility for and assume all risk, including, but not exclusively,  any liability, loss, illegality or damage arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

14. Proprietary Rights Notices

 

14.1 All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designations of Ours used herein are trademarks or registered trademarks of Ours.

14.2  Any other trademarks, service marks, logos, trade names, intellectual property  and any other proprietary designs  are the trademarks or registered trademarks of their respective parties.

14.3 You may not use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are Ours or belong to any other person without prior written agreement from us ( if they are Ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like. 

 

15. Copyright Policy

 

15.1 We respect and adhere to copyright law and all Users must also respect and adhere to the same. 

15.2 It is Our policy to terminate in appropriate circumstances, and We shall be the arbiter of this opinion, any Accounts of any  Users who infringe or are believed or may being going to infringe the rights of any  copyright holders.

 

16. Termination and Alyve, Account Deactivation

 

16.1 We may, in our  absolute discretion and without liability or notice to You, with or without cause, with or without prior notice and at any time: 

16.1.1 terminate these Terms or your access to our Site and Services; and 

16.1.2 deactivate or cancel your Alyve, Account. 

16.2 Upon termination We will promptly pay You any amounts We reasonably determine We owe You at entirely our discretion, which We are legally obligated to pay You.

16.3  In the event We terminate these Terms, or Your access to our Site and Services or We  deactivate or cancel Your Account  with Us You will remain liable for all amounts due hereunder.

16.5  If your Alyve Account is cancelled, We do not have an obligation to delete or return to you any Content you may have posted to the Site, and Services, including, but not limited to, any reviews or feedback. Such content and feedback shall become and shall remain Our property.

 

17. Disclaimers

 

17.1 If You choose to use Our Site or Service, You do so entirely at Your own risk.

17.2 You acknowledge and agree that We do not have any obligations, what so ever, or under any circumstances, to conduct any checks, in respect of your health and the truth or your answers to the questionnaire.

17.3 We may, entirely at Our sole discretion make such background checks but You agree and acknowledge that the Content on the Site, and all of it, is provided on an “as is” basis. 

17.4 All of the Content is provided without any warranty of any kind, either expressly  or implied and without any limitation.

17.5 We expressly and explicitly disclaim any warranty of merchantability, fitness for any particular purpose, quiet enjoyment or non-infringement or any other such similar matter any warranties arising in the  course of dealing or usage of trade. 

17.6 We make no warranty that the Site or Services collective content, including but not restricted to, any information provided via any expert opinion will meet Your requirements or will be available or made available in an uninterrupted, secure or error free basis.

17.7 We make no warranty in respect of the quality of any Services supplied, the truthfulness, completeness or reliability of any content obtained through the Site or Service.

17.8 No advice or information, whether either  oral  or in writing, obtained from Us, Our site or Service or any content will create any warranty expressly our otherwise, herein.

17.9 The content, including all ingredients, of our products is carefully labelled on the packaging, we accept no liability whatsoever, for any allergic reaction to any of the products requested by you and provided by us. 

 

18. Your Responsibility to Us, Other Users and Content Providers on the Site. 

 

18.1 In the event we open a forum or provide a newsletter now or at any time in the future:-

18.1.1You and only You are solely responsible for all and any of Your communications, interactions and any other such thing, with other users of this Site or Services and with any other person You may communicate with or interact with as a result of Your use of the Site and Service.

18.2 You agree and acknowledge that We do not make any attempt, effort or inquiry to verify or find the truth of any users of the Site or Services. 

18.3 We do not, under any circumstances, make any representations or warranties as to the conduct of the users of the Site or Services nor their past, present or future compatibility with any past, present, current or future users of the Site.

18.4 You acknowledge and agree to take all and any reasonable precautions with all of Your communications and interactions with all other users of the Site and Services this regardless of whether such communications or interactions are organised by Us  or others.

 

19. Limitation of Liability

 

19.1 To the maximum extent permitted by law You acknowledge and agree that the entire risk arising out of Your access to and use of the Site, Services supplied, Content, products supplied or test results through the Site or Ours, this whether by phone, online, in person or test results provided or any other means  is Yours entirely and remains with You at all times, both, before, during and after such risk may apply.

19.2 Neither Us nor any other party involved in the creation, production, or delivery of the Site, Services, Content, products supplied or test results will be liable, in any way, for any incidental, special, exemplary, legal ( reasonable costs )  or consequential losses or damages, this to include but not exclusively,  loss of profits, loss of Data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services, Content, products supplied or test results this  also from any communications, interactions or meetings with other users of the Site or Services, or other persons with whom You communicate or interact with as a result of Your use of the Site or Services. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these terms has failed or could fail, because of essential purpose. 

19.3 In the circumstances or event Our aggregate liability arising out of or in connection with these Terms and Your use of the Site, Services, content, products supplied or test results this to include, but not limited to, Your use of the Site or Services, or from Your use or inability to use the Site, Services or Content with any other’s users, exceed the amounts You have paid for the products We supply through the Site or Services or Use of the site in the twelve ( 12 ) month period prior to the event giving rise to the liability or one hundred pounds (£100) or the costs of the products purchased.

19.4 In respect of clause 18.3 and the sums detailed, if no such payments have been made, as applicable, the limitations of damages set forth in clause 18.3 are fundamental elements of the basis of the bargain between Us and You. 

19.5 Certain Jurisdictions  clauses 19.3 and 4 may not apply.

 

20. Indemnification

 

20.1 You agree to release, indemnify, and hold  Us and Our, contractors, sub-contractor, affiliates and subsidiaries and agents  and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with;

20.1.1 Your access to or use of the Site or Services, or Content or Your violation of any of these Terms; 

20.1.2 any reliance on any information exchanged through the Site or Services;  and/or

20.1.3 any account creation We shall have the right to control and agree or otherwise  all defend and settle all actions.

 

21. Sevance

 

21.1 In the event that one or more of the provisions it this Agreement is found to be unlawful, invalid or unenforceable that/those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.


 

 

22. Third Party Rights

 

22.1 This Agreement shall remain valid for the benefit of and shall be binding upon each Party and their  successors and assigns. Neither Party shall Assign any right or obligation hereunder in whole or in part, without prior written consent of the other Party.

22.2 Only Us and You may enforce the Terms of this Agreement. The Contracts ( Rights of Third Parties ) Act 1999 is therefore excluded.

 

23. Entire Agreement

 

23.1 This Agreement together with any and all Schedules shall constitute and represent the entire Agreement between the Parties.

23.2 The provisions of this Agreement shall supersede any other prior agreement or any other oral or written contracts or commitments or prior understandings with respect to the subject matter of this Agreement. This Agreement may only be amended by written Agreement of both of the parties.

 

24. General

 

24.1 Any provision or provisions which are intended to survive this agreement will do so how so ever this agreement is determine. 

24.2 This agreement, our Privacy Policy and Our website Terms of Use, is the entire agreement and understanding between Us and You. These agreements supersede all previous arrangements and agreements ( if any ) relating to the matter herein contained.  No purported variation of these agreements will be effective unless agreed by both parties and in writing.

24.3 The failure of any party to enforce at any time or for any period any one or more of the terms of these agreements will not be a waiver of them or of the right at any time subsequently to enforce all of the terms of these agreements.

24.4 Nothing in these agreements will create, or be deemed to create, a partnership, or the relationship of principle and agent between the parties.

24.6 We are not liable for the failure of the Site or the Services at any time by any means whatsoever including by way of vandalism, theft, fire, act of God, war risks, or any other causes or events beyond Our reasonable control.  

 

25. Law and Jurisdiction 


25.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.

25.2 You acknowledge and agree that You will submit to the exclusive jurisdiction of the Courts of England and Wales.