BEYONDBMI 

           WEBSITE CUSTOMER TERMS OF USE


  1. INTERPRETATION

  1. The following definitions apply:


“Advisors” mean the non-clinical advisors who have signed up to provide their services on the BeyondBMI platform;

“BeyondBMI” means Privamed Limited t/a BeyondBMI, a company incorporated in Ireland with registration number 721679 and registered office at Nova UCD, University College Dublin, Belfield Innovation Park, Dublin, Ireland;

“Clinicians” means those medical doctors who specialise in the obesity diagnosis and treatment who provide their services on the BeyondBMI platform;

“Customer”" means the person together with any company which is related to the Customer that uses the Website; 

“Intellectual Property” means patents, trade marks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software), secret formulae and processes, other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” shall be construed accordingly);

“Our” means BeyondBMI’s;

“Services” means the obesity diagnosis, support and education platform for accessing clinical and non-clinical Advisors made available to Customers through the Website in accordance with these Terms;

“Terms” means these terms of use and constitutes the entire understanding between BeyondBMI and User with respect to the usage of the Website;

“you” means the Customer;

“your” means the Customer’s; 

“we” means BeyondBMI;

 “Website” means www.beyondbmi.ie and any related BeyondBMI applications.


1. SERVICES

  1. Please read these Terms before using the Website and Services. By using the Services and/or accessing, using or downloading material from the Website, you agree to be bound by these Terms and Conditions. You confirm that you are of sufficient age to lawfully use the Website and Services, enter into a contract and to create binding legal obligations for any liability you may incur as a result of your use of the Website and Services. If you do not agree to these Terms and Conditions, please do not use this Website or Services.

  2. A hyperlink to these Terms is prominently displayed at the bottom of the Website homepage or application and a link is provided immediately prior to payment.

  3. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms. Please note that the Terms may vary from time to time and that your continued use of the Website and Services following such change constitutes your acceptance of the new Terms. Material changes shall be notified via the Website. 

  4. If you are agreeing to these Terms and Conditions on behalf of someone else, then you are warranting to us that you have full legal authority to bind that third party.

  5. When you use the Services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

  6. As part of our Services, we offer an online platform for Clinicians and Advisors and the Customer to connect via the Website through the use of telecommunications technologies. The Website facilitates communication between Customers, Clinicians and Advisors.

  7. BeyondBMI does not provide medical advice or care itself. BeyondBMI contracts with the Clinicians and Advisors separately, some of whom are independently contracted self-employed consultants for the purposes of the Services and are not employed by BeyondBMI. The Clinicians deliver clinical services via BeyondBMI platform to the Customers. The Clinicians, and not BeyondBMI, are responsible for the quality and appropriateness of the care they render to you. BeyondBMI does not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Clinician, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. 

  8. The Clinicians are independent of BeyondBMI and are merely using the Website as a way to communicate with you. Any information or advice received from a Clinician comes from them alone, and not from BeyondBMI. Your interactions with the Advisors via the Website are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither BeyondBMI, nor any of its subsidiaries or affiliates or any third party who may promote the Website or Service or provide a link to the Service, shall be liable for any professional advice obtained from an Advisor via the Website or Service, nor any information obtained on the Website. BeyondBMI does not recommend or endorse any specific Advisors, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Advisors or information delivered by the Advisors via the Website or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.


2. REGISTRATION

  1. To use some of the Services or features on the Website, you will need to register and provide various personal details. Only registered Customers are authorised to access the restricted portions of the Website. As part of the registration process you will create a user name and password. Your user name will be your e-mail address. The Customer will ensure users are either the Customer himself/herself, their employees or agents and that each user has a unique login. You must ensure that you keep your user name and password in a safe and secure place and that you do not disclose them to anyone as you will be fully responsible for all activities which occur under your user name and password. Furthermore the Customer acknowledges that sharing user logins will be deemed as a material breach of these Terms which is not capable of remedy.

  2. You agree to provide accurate and complete information when you register with, and as you use, the Services (“Registration Data”) in order to allow BeyondBMI to provide the Services and retain records relating to same and to this end, you agree to update your Registration Data to keep it accurate and complete. You agree that BeyondBMI may store and use the Registration Data you provide for use in maintaining and billing payment to your account.

  3. It is your responsibility to immediately notify us of any unauthorised use of your user name and password or any other breach of security as soon as you become aware of it. 

  

3. PAYMENT

  1. Your subscription term and fees shall be as set out in your “My Account” section of the BeyondBMI platform. Your subscription to our Service is continuous and will be automatically renewed at the end of the applicable Subscription Period, unless you cancel your subscription before the end of the then-current Subscription Period.

  2. You may only cancel your subscription in accordance with our Cancellation Policy. If you cancel your subscription your account will automatically close at the end of your current Subscription Period. 

  3. Payments are non-refundable unless otherwise agreed or as set out in the Cancellation Policy.

  4. Prices for the Services may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.


4. SUPPORT

  1. You may contact BeyondBMI for support in relation to the Services by contacting [support@beyondbmi.ie] From time to time it may be necessary for BeyondBMI to complete maintenance on the Website.  If the maintenance is likely to result in unavailability of the Services then BeyondBMI will endeavour to advise you in advance by posting a notice on the Website. Unscheduled maintenance in respect of a significant event may be required to be performed at any time without notice.


5. TERMINATION POLICY 

  1. We reserve the right in our sole discretion (acting reasonably) and at any time to terminate or suspend your access to the Services and/or block your access to the Website for any reason including, without limitation if you have failed to comply with these Terms. You agree that BeyondBMI shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Website.

  2. Any suspension or termination shall not affect your obligations to us under these Terms and shall be without prejudice to any accrued rights of either Party or amounts payable in respect of the Fees. The provisions of these Terms which by their nature should survive the suspension or termination shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, choice of law, and all of the miscellaneous provisions in section 14.

  3. It is not possible to cancel your BeyondBMI subscription within the first four months of joining. This is to ensure enough time on our programme to assess your treatment and service. If for any reason you are not happy with the programme after this four month period you can cancel your membership by contacting our customer support department. 

    1. To cancel your subscription please email support@beyondbmi.ie and a member of our team will get in contact with you within 2 - 3 working days of receiving your request. (BeyondBMI working hours are Monday - Friday, 9am - 5:30pm). 

  4. All cancellation notices are subject to a minimum 30 day notice period from the date that your email is received to your next payment date.

    1. For example if you wish to cancel your subscription and your next payment date is September 20th - you need to give us notice before or on August 20th to ensure that you will not be billed for your next payment.

    2. If your cancellation notice is given within 0 to 29 days of your next payment date you will be billed for your next payment and cancelled after that. For example, if your next payment is September 20th and you give us notice between August 21st and September 19th, you will be billed for your next payment date.

  5. It is not possible to pause your subscription. If for any reason you need to cancel your subscription, you can always rejoin our programme by reaching out to a member of our care coordinator team hello@beyondbmi.ie. It is not possible to request a refund for your subscription once you have consumed any of our services. If you believe you have a specific circumstance you would like to discuss please contact us through support@beyondbmi.ie. 

  6. Customers who cancel their subscription with BeyondBMI will be contacted by a member of our team to gather feedback on our services and product.

  7. BeyondBMI may update the cancellation policy at any time and update all existing customers via email.


7. INTELLECTUAL PROPERTY RIGHTS

  1. The Website contains information, including, without limitation, all text, graphics, photographs, graphs, designs, sounds, data, images, audio, video, page layouts and headers, software (including HTML and other scripts), buttons, and other icons, trademarks  and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by BeyondBMI.

  2. You acknowledge and agree that BeyondBMI and/or its licensors own all Information and Intellectual Property Rights in the Services. Except as expressly stated herein, this agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services. To the extent that any modifications or improvements to the Services are carried out under or in connection with these Terms, whether by BeyondBMI alone or jointly with you, and whether based on your ideas or suggestions from, all Intellectual Property Rights to such underlying ideas and in any resulting improvement or modifications shall be assigned to and shall vest with and be solely owned by BeyondBMI and/or its licensors.

  3. If you post content or submit material on the Website, and unless otherwise indicated, you grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media.

6. RESTRICTIONS

  1. The Website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works in any way any of these Intellectual Property Rights.

  2. BeyondBMI grants you a limited, revocable, non-exclusive and non-transferable right to access the Website and use the Services, subject to the these Terms. You may view, and print word documents and portable document formats (PDF’s) incorporated into the Website solely for your personal, non-commercial use. Downloading video material is strictly forbidden and will result in termination of the your subscription. The information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Website or to facilitate unfair competition with the Website, or for any purpose that is inappropriate or unlawful under Irish law and international law.

  3. You may not resell, redistribute, broadcast or transfer information or use the information in a searchable, machine readable database or file except through the authorised access to the Website. Unless separately and specifically authorised in writing by the provider of Website, you may not rent, lease, sublicence, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Website, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity.

  4. Furthermore, except as expressly permitted in these Terms, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Information; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Information for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; or (ix) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

  5. You agree to use the Website for lawful purposes only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You agree not to post or transmit any information through the Website or associated websites which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Website or Information.

7. INDEMNITY

  1. You agree to indemnify and hold BeyondBMI, its affiliates, officers, agents and other partners and employees, harmless from any losses, liability, costs, claims or demands, (including any professional and legal fees incurred in connection therewith), due to or arising out of your use of the Website or any breach of these Terms.

8. LIMITATION OF LIABILITY

  1. Nothing in these Terms limits or excludes liability of either party in respect of any claims for death or personal injury caused by negligence, fraud or any other liability which cannot be excluded or limited by law.

  2. To the maximum extent permitted by applicable law, BeyondBMI will not have any liability to you for any loss of profits, loss of business, loss of data, loss of use, loss of goodwill, or for any indirect, special, incidental, punitive, or consequential damages of any kind however caused and under any theory of liability whether or not BeyondBMI has been advised of the possibility of such.

  3. Subject to sections 10.1 and 10.2, in no event whatsoever shall the aggregate liability of BeyondBMI, whether arising for breach of contract (including under any indemnity), misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising, under or in connection with these Terms exceed 100% of the payments made by you in the month preceding the event giving rise to the claim.


9. DISCLAIMER

  1. Use of the Services requires; (i) compatible devices, (ii) internet access, (iii) certain software (for which fees may apply), (iv) may require periodic updates, and (v) may be affected by the performance of these factors. High speed internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.

  2. You acknowledge and agree that no warranties of any kind are made with respect to the Website or information and you acknowledge that the Website and Information are provided to you on an “as is, with all faults” basis. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

  3. Certain Services may include materials from third parties. BeyondBMI may provide links to third-party websites as a convenience to you. You agree that BeyondBMI is not responsible for examining or evaluating the content or accuracy and BeyondBMI does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that BeyondBMI is not in any way responsible for any such use by you.

  4. BeyondBMI does not guarantee, represent or warrant that your use of the Services will be uninterrupted or error-free and you agree that from time to time BeyondBMI may remove the Services for indefinite periods of time, or cancel the Services at any time, without notice to you. No warranty is made that the Services will meet your requirements.


10. PERSONAL DATA

  1. The Service is subject to BeyondBMI’s Privacy Policy at www.beyondbmi.ie/privacy in respect of any personal data we may process as a result of Services.

11. CONFIDENTIALITY 

  1. Each party agrees and undertakes that it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, all information of a confidential nature (including, without limitation, information relating to a party’s products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (“Confidential Information”), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of these Terms or subsequently comes lawfully into the possession of that party from a third party.

  2. To the extent necessary to implement the provisions of these Terms, each party may disclose Confidential Information to those of its employees and contractors as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees and contractors aware of its obligations of confidentiality under these Terms and shall at all times procure compliance by those employees and contractors with them.

12. GENERAL

  1. The failure or delay by the Website provider to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.

  2. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

  3. Unless otherwise expressly provided, no provision of these Terms is intended or shall be construed to confer upon or give to any person or entity other than BeyondBMI and you any rights, remedies or other benefits under or by reason of these Terms.

  4. The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.

  5. You agree that BeyondBMI shall carry no responsibility for non-fulfilment or delayed fulfilment of the Services owing to a force majeure event, including but not limited to, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, failure in telecommunications services and networks, shortage of labour, fuel or power, pandemic, epidemic or any other cause beyond the control of us which may delay or impede the Services.

  6. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BeyondBMI as a result of these Terms or your use of this Website.

  7. BeyondBMI Privacy Policy as accessed through the Website shall form part of these Terms.

  8. These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ireland. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims).