Please carefully read these terms of use (“Terms”) which apply to you as a User of the Website and App and customer and Ohh-Med Medical UK Ltd, the owner(s) of the Website and App and the seller of the Goods. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of (i) the Website (as defined below) and (ii) the OHH-MED app mobile software application (the “App”). The Website and the app are collectively referred to as the “Website and App”. Clauses 3, 4, and 13 – 15 of the below Terms apply only to the sale of Goods. If you do not agree to be bound by these Terms, you should stop using the Website and App immediately.
The Website and App are an informative and marketing platform for OHH-MED’s medical equipment that aims to market a home medical device for the treatment of erectile disorders. Use of the Website and App indicates that you have read and understood the Terms and have given your consent to these Terms. You may use the Services only in accordance with the rules set forth or referred to in these Terms.
No part of this Website and App is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
1.Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”
means collectively the personal information, Payment Information, and credentials used by Users to access paid Content and/or any communications System on the Website and App;
“Content”
means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website and App;
“Goods”
means any products that Ohh-Med Medical UK Ltd advertises and/or makes available for sale through this Website and App;
“Service”
means collectively any online facilities, tools, services, or information that www.vertica-labs.com/uk makes available through the Website and App either now or in the future;
“Payment Information”
means any details required for the purchase of Goods from this Website and App. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Premises”
This means Our place(s) of business located at NORWICH ROAD, Colton, NR9 5BZ, United Kingdom
“System”
means any online communications infrastructure that Ohh-Med Medical UK Ltd makes available through the Website and App either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;
“User” / “Users”
means any third party that makes use of the Website and App;
“Website”
means the website that you are currently using (www.vertica-labs.com/uk) and any sub-domains of this site (e.g. subdomain.vertica-labs.com) unless expressly excluded by their own Terms;
“We/Us/Our/OHH-MED”
means Ohh-Med Medical UK Ltd, (a company registered in England) of 106a St. Georges Square, London, England, SW1V 3QY.
2.The purpose of the Website and App
The purpose of Website and App is to make accessible, market and share online relevant information about OHH-MED ’s medical equipment. Pictures, illustrations, sketches, diagrams, plans, specifications, designs, and all the details that appear on the Site are for illustration purposes only, and do not in any way obligate OHH-MED and/or anyone on its behalf. OHH-MED hereby clarifies that the information contained on the Website and App is for general and informative purposes only, solely as a service for the User, and does not constitute a substitute for medical advice.
3.Age Restrictions
Persons under the age of 18 should use this Website and App only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3.Business Customers
These Terms do not apply to customers buying Goods, who are doing so in the course of business. If you are a business customer please contact [email protected] for more information.
4.International Customers
We do not ordinarily ship Goods outside of the United Kingdom, therefore if Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5.Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms, all Content included on the Website and App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ohh-Med Medical UK Ltd, Our affiliates or other relevant third parties. By continuing to use the Website and App you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website and App unless otherwise indicated on the Website and App or unless we give Our express written permission to do so.
5.3 These Terms do not transfer to you any right to the Website and App and/or in connection with it and/or any content or contents related to it, but only a limited right to use it in accordance with the terms of this Agreement. You may not copy, distribute, publicly display, perform publicly, transfer to the public, modify, process, create derivative works, sell or rent any part of the foregoing, whether by you or through or with a third party, in any way or by any means whether electronic, mechanical, optical, means of photography or recording, or by any other means and manner, without obtaining prior written consent from OHH-MED, as the case may be and subject to the terms of the consent (if given).
Third-party software and content components, including open code and CC, will be subject to licensing by that third party.
Except as expressly permitted in these Terms, you agree not to: (a) sell, grant license (or sublicense), lease, assign, transfer, mortgage or share your rights under these Terms to any other person; (b) use the Website and App for any illegal, immoral, or unauthorized purpose.
Insofar as you send OHH-MED comments, suggestions or materials relating to the development, design and/or promotion of the Services, we must make it clear that you will not be entitled to any consideration for any of OHH-MED’s use of them, and you hereby grant OHH-MED a royalty free, irrevocable, worldwide license to use any such suggestion at its sole discretion.
6.Third-Party Intellectual Property
6.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website and App or unless given express written permission to do so by the relevant manufacturer or supplier.
7.Fair Use of Intellectual Property
Material from the Website and App may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8.Links to Other Websites
This Website and App may contain links to other sites. Unless expressly stated, these sites are not under the control of Ohh-Med Medical UK Ltd or of Our affiliates and are made available to you only for your convenience. If you leave the Website and the App by clicking on a link and/or consuming and/or watching and/or making any use of content that is not on behalf of Us, know that you do so at your own risk. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use of them. The inclusion of a link to another site on this Website and App does not imply any endorsement of the sites themselves or of those in control of them. We do not make presentations and/or give promises and/or recommendations and will not have any responsibility for any content provided by a third party. We recommend that when you are directed to links, websites, applications and content of third parties, be careful and read in depth and obey the terms of use and privacy policy of such sites, applications and content and make sure that the service is appropriate for your age and the nature of your use of the Services.
9.Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.vertica-labs.com/uk, and may do so without Our prior permission. Deep linking (i.e. links to specific pages within the site) shall only be permissible with Our express prior written permission. To find out more please contact Us by email at [email protected]
10.Accounts
10.1 In order to purchase Goods on this Website and App and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website and App as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website and App and/or creating an Account you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
10.4 When choosing your username you are required to adhere to the terms set out below in Clause 11. Any failure to do so could result in the suspension and/or deletion of your Account.
11.Use of the Website and App
11.1 When using Our System on the Website and App you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
11.1.1 You must not use obscene or vulgar language;
11.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You must not submit Content that is intended to promote or incite violence;
11.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages;
11.1.5 The means by which you identify yourself must not violate these Terms or any applicable laws;
11.1.6 You must not impersonate other people, particularly employees and representatives of vertica-labs.com/uk or Our affiliates; and
11.1.7 You must not use Our System for unauthorized mass-communication such as “spam” or “junk mail”.
11.2 You acknowledge that Ohh-Med Medical UK Ltd reserves the right to monitor any and all communications made to Us or using Our System.
11.3 You acknowledge that Ohh-Med Medical UK Ltd may retain copies of any and all communications made to Us or using Our System.
11.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
12.Termination and Cancellation of Accounts
12.1 Either Ohh-Med Medical UK Ltd or you may terminate your Account. If We terminate your Account, We will not be required to provide you with prior notice but you will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
12.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will be dispatched.
12.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
12.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
13.Goods, Pricing, and Availability
13.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to the Returns Policy for information regarding the return of incorrect Goods.
13.2 Where appropriate, you may be required to select the required size, model, color, number, or other features of the Goods that you are purchasing.
13.3 We neither represent nor warrant that Goods will be available. Stock indications may be provided on the Website and App, however, such indications may not take into account sales that have taken place during your visit to the Website and App.
13.4 All pricing information on the Website and App is correct as listed at the time that you accessed the Website and App. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
14.Orders and Delivery
14.1 No part of this Website and App constitutes a contractual offer capable of acceptance. Your order of Goods constitutes a contractual offer that We may, at Our sole discretion, accept or reject. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Ohh-Med Medical UK Ltd and you.
14.2 Order confirmations under sub-Clause 14.1 shall contain the following information:
14.2.1 Confirmation of the Goods ordered including full details of the Goods ordered;
14.2.2 Fully itemized pricing for the Goods ordered including, where appropriate, taxes, delivery, shipping and other additional charges;
14.2.3 Estimated delivery date(s) and time(s);
14.3 If We, for any reason, do not accept your order, no payment shall be taken. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
14.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
14.5 The risk in the goods shall remain with us until they are delivered by our courier to you.
15.Returns Policy
Ohh-Med Medical UK Ltd aims to always provide high-quality Goods that are fault free and undamaged at the time of shipping. On occasion, however, Goods may need to be returned. Should you meet the criteria for a valid return, you can do so by visiting the Contact Us page on the Website and App, or by emailing [email protected] with the details of your requested return. For full details regarding criteria for the return of Goods, please refer to the Returns Policy.
16.Privacy
16.1 The use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms by reference and is available here.
16.2 The Website places cookies onto your computer or device. Full details of the cookies used by the Website and your legal rights with respect to them are included in Our Privacy Policy. Please read the information contained in the Privacy Policy prior to acceptance.
17.How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you;
17.2.2 Process your payment for the Goods; and
17.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any other third parties (without first obtaining your express permission).
18.Disclaimers
18.1 We make no warranty or representation that the Website and App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
18.2 No part of this Website and App is intended to constitute advice and the Content of this Website and App should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website and App is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst We use all reasonable endeavors to ensure that the Website and App is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers and mobile devices.
19.Changes to the Service and these Terms
OHH-MED has no obligation under this Agreement to provide support, maintenance, upgrades, modifications or new versions of the Website and App. OHH-MED may change the Website and App from time to time, including the structure of the Website and App, its scope, availability and any other aspect involved, including the removal of an existing service and addition of other services – such change will not require any notice be given by OHH-MED. Such changes will be made, inter alia, taking into account the dynamic nature of the Internet, the technological and other changes that take place in it, due to an upgrade of OHH-MED’s system, adding or removing content or any change that OHH-MED deems appropriate to make. By their nature, such changes may involve malfunctions or initially cause discomfort, etc. You will not have any complaint, claim or demand towards OHH-MED in relation to such changes, or malfunctions that may occur in the course of their implementation. OHH-MED makes efforts to maintain the integrity of the Website and App for you to enjoy. If you become aware of any error or mistake on Website and App, please notify us by email at [email protected]. OHH-MED cannot guarantee that every fault will be resolved, and OHH-MED is at your disposal for any individual problem.
You will be bound by any changes to the Terms from the first time you use the Website and App following the changes. If We are required to make any changes to these Terms pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
OHH-MED shall publish a notice of any material change as stated on the Website and App It is your responsibility to keep up to date with any changes that may occur, if any, to the Terms. All new features that will be made available to you as of the date of the Website and App’s last update will be automatically subject to these Terms. Your continued use of the Website and App after any change as aforesaid, shall constitute a sign of your agreement to that change.
20.Availability of the Website and App
20.1 The Website and App and any Service provided therein are provided “as is” and on an “as available” basis without any obligation or responsibility of any kind, express or implied and you will not have any claim. We give no warranty that the Website and App or any Service will be free of defects and/or faults that the Website and App will not be disrupted, that they will be provided properly or without interruptions. To the maximum extent permitted by the law, We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website, included but not limited to unauthorised access to OHH-MED ’s computers, resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions, and censorship and you will not have any claim, suit or demand towards OHH-MED in respect of Website and the App, their capabilities, their limitations or their adaptation to your needs. OHH-MED does not guarantee that the Website and the App will meet your requirements or that the operation of the Website and the App will be carried out without interruptions or without errors. To the extent permitted by law, OHH-MED hereby excludes any liability, including liability for the right of property or non-infringement of the right of property, commercial quality and suitability for a particular purpose. OHH-MED is not responsible and does not guarantee the accuracy, completeness, usages or reliability of the results that will be achieved through the Use of the Website and the App.
21.Limitation of Liability
21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website and App or any information contained therein even if OHH-MED was aware of such loss or damage. You should be aware that you use the Website and App and its Content at your own risk and by doing so you confirm that you are solely and fully responsible for your Use of the Website and App by you. Any reliance on statements, expression of opinion, advice or any other information displayed on the Website and App. Any reliance on statements, expression of opinion, advice or any other information displayed on the Website and App and the app is made at the User’s discretion and sole responsibility.
21.2 Nothing in these Terms excludes or restricts Ohh-Med Medical UK Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Ohh-Med Medical UK Ltd
21.3 Nothing in these Terms excludes or restricts Ohh-Med Medical UK Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website and App.
21.4 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This term shall apply only within jurisdictions where a particular term is illegal.
22.App Usage Rules
App Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms of Use by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
23.No Waiver
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24.Previous Terms
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
25.Third-Party Rights
Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and Ohh-Med Medical UK Ltd.
26.Communications
25.1 All notices/communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.
25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
27.Assignment
OHH-MED will be entitled to transfer and/or assign its rights and obligations in respect of a User to a third party at any time.
28.Law and Jurisdiction
These Terms and the relationship between you and vertica-labs.com/uk shall be governed by and construed in accordance with the Law of England and Wales and vertica-labs.com/uk and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
