Last updated: 20 Jan 2020
PLEASE READ THIS POLICY CAREFULLY BEFORE USING ANY OF AKESIO'S SERVICES
By visiting the website at https://www.akesio.com (the “Website”) and/or our application (“App”), collectively named our “Services” you are accepting and consenting to the practices described in this Terms and Conditions Policy (“Terms, “Terms and Conditions”).
IF YOU DO NOT CONSENT, PLEASE DO NOT SUBMIT ANY PERSONAL DATA TO US.
You must be 18 years or older to use our services (Akesio website and application). By using our website and agreeing to our Terms, you warrant that you are at least 18 years of age.
Please read this document (“Terms”, “Terms and Conditions”) carefully as it is a legal agreement (“Agreement”) between you “You”, “Your”, User”,) and Akesio Limited (“We”, “Us”, “Our”), a company registered in England and Wales under number 11191446, with the registered address at: 4th Floor 8 Old Jewry, London, England, EC2R 8DN. We administer the website https://www.akesio.com (the “Website”) and the Akesio web application (our “App”); they are collectively named our “Services”.
Before using our services please carefully read this document and if you have any doubts or misunderstanding, please contact us at: firstname.lastname@example.org.
Akesio is a personalised stress management programme to improve mental wellness and prevent burnout. Using preventative health and lifestyle medicine approaches, Akesio aim to tackle stress, the health epidemic of the 21st century and also a major contributor to non-communicable diseases (i.e. cardiovascular diseases, diabetes etc.).
Our team of experts (doctors, scientists, health coaches, engineers and others) provide you with personalised lifestyle recommendations for stress reduction and mental wellbeing. Depending on the offer you’ll choose from our Service, you’ll benefit from a close follow-up through our App to monitor your evolution and recommendations and have ongoing guidance and expert advice.
You acknowledge and agree that Akesio is solely for lifestyle and stress management (for preventative and wellbeing purposes); it is not intended to diagnose, treat or otherwise address any medical problem, and all the information provided through our Services does NOT represent medical advice and should not be used as a substitute for consultation with your doctor or other qualified healthcare professional. We are responsible for providing accurate health and wellbeing information through the system of our Services, following the best practices and relevant guidelines. However, it is your responsibility to carry out your own independent investigation to decide whether our Services are the most appropriate for your needs.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything provided by our Services then the former should take precedence.
If you have any medical problem, you’re responsible from seeking medical advice from the appropriate professional (i.e. your GP or other medical professional or healthcare organisation). If you have a medical emergency, please contact without any further delay your local emergency service (call 999 in the UK, your country emergency number or 112 in Europe).
If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
The access to our website is free of charge.
Our service currently provides 2 paid offers (“Offers”): a one-time payment offer (“Snap Stress”) and a subscription offer (“Mental Wellness Programme”). The prices stated on our website are inclusive of applicable taxes and fees.
By choosing the “Snap Stress” offer, you’ll be asked to proceed to a one-time payment on our website. You’ll be able to register and have access to the Akesio app, however this access will be limited to certain features (you will not be able to benefit from the ongoing follow-up with progression monitoring and ongoing recommendations; you will have only a one-time report and recommendations; you’ll also have free and unlimited access to the educational material from our website and social media).
By choosing the “Mental Wellness” offer, your payment will occur on a subscription basis (“Subscription”). You will be billed in advance on a recurring and monthly basis ("Billing Cycle") for 12 months. We require a pre-payment of £200 to secure the payment for your samples processing, in the case whereby you could cancel your subscription after your samples have been processed by the third party laboratory (and paid for by us).
Your Subscription will be automatically renewed under the exact same conditions unless you or we cancel this Agreement. Before each renewal, you will be asked to again complete a Consent form ("Consent").
You may cancel your Subscription renewal at any time either through your user account on the Akesio app or by contacting our team.
Payments made via the Website are processed securely using a payment processor (“Payment Processor”) which is Stripe in our case. This payment processor receives your payment information directly from you (we will not store or collect your payment card details, we will only retain basic details of the transaction and complete billing information including full name, address, zip code, country, email and phone number). You warrant that you are the owner, holder and authorised user of the credit or debit card and you agree to authorise Akesio to take payments from your account as and when they become due using payment processors (i.e. Stripe).
If the automated recurring payment fails for any reason, you will be notified to proceed within a certain delay with the manual payment in full of the due amount indicated on your invoice.
We reserve the right to change the fees and billing method for our offers at any time, at our sole discretion and we shall notify you of all such changes prior to the renewal date of your then-current Subscription. Any Subscription fee change will become effective at the end of the then-current Subscription (then-current billing cycle).
Your continued use of our paid Services shall constitute acceptance of such changes.
If you purchased one of the paid Akesio offers (Snap Stress or Mental Wellness Programme) you have the right to cancel your purchase and receive a full refund under certain conditions:
If you wish to claim a refund for a payment made via our website, you must inform us and make your demand in writing by sending an email to email@example.com including your contact information (full name, address, email, phone) and stating the reason for the refund.
Following receipt of your refunding request and if you qualify for a refund (the conditions mentioned above), Akesio will send you an email confirmation of the approval of the refund, followed by a payment within 30 days. Refunds will be made to the card that you used when you purchased one of our offers on our website. After the refund has been made, you are not longer able to access and use our paid services.
Our current paid offers are Stress Snap (one-time payment) and Mental Wellness Program (a yearly subscription).
The details of what you get for each offer are on our website on the page “Offers”.
The Stress Snap includes:
The Mental Wellness Programme includes:
We reserve the right, at our own discretion, to change these offers at any time. If this is the case, we will notify the existing users for changes that might affect their Offer prior to the period when they will become effective.
Once you have purchased one of our offers, you will be asked to register and create your user account (“User Account”) with a username and a secured password that you will use every time you may wish to have access to your Akesio account.
We advise you to only use "strong passwords” (strong passwords are passwords consisting of a combination of numbers, both upper and lower case letters, and symbols) and not to share them with any third-party. When you access your user account, you are responsible for taking the appropriate safeguarding and security measures. If you suspect or are aware of any security breach, such as, but not limited to, loss, theft and unauthorised disclosure, you need to contact us immediately. Until we are so notified you will remain liable for any unauthorised use of your Akesio account.
When you create a user account with Akesio, you must provide us with complete and accurate information that you commit to maintaining up to date and notifying us regarding any updates. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
As an Akesio User, you represent and warrant that:
In addition to our obligation and commitment to keep our services safe and your data protected upon the highest standards, you have the responsibility of keeping your user access secured using your unique user identifier and password and all other necessary security and safeguarding measures to keep your user account safe.
When you visit these external websites you will accept that Akesio has no responsibility or liability, for the material on any of these websites.
“Akesio” is the exclusive title to all goodwill in the ‘Akesio’ name and logo, the domain www.akesio.com and all other Intellectual Property Rights related to the delivery of or resulting from our Services. The layout, design, and content of our Services (website and app) belongs to Akesio and are protected by UK and other international copyright laws.
Akesio content (“Content”) means any text, design elements, graphics, images, audio, video, software, data compilations, page layout, underlying code and any other resulting information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by users.
Apart from a grant to the user, with the some rights to use data provided to him/her as an output of his/her paid service and strictly for personal and non-commercial use, Akesio does not grant a license to any such Intellectual Property Rights under this Agreement.
The user can print, download and display on their screen small portions of the content (strictly for personal and non-commercial use only), but unless she/he is given express permission in writing, no part of the Services may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. The user may not create any derivative work or make any other adaptation, without our prior written consent.
In addition to the other provisions in these Terms and Conditions, there are certain regulations regarding the use of the Akesio Services (“Regulations”). Therefore, as an Akesio user, you agree that you will NOT use our Services to:
This Agreement between you and Akesio becomes effective when you start using our Services and will be remain effective until termination takes place, whether initiated by you or by us, in the following but not limited to situations:
10.2. Akesio may terminate the Agreement at any time on not less than 2 (two) months’ notice.
10.3. Akesio may terminate the Agreement with immediate effect by giving written notice to the User:
10.4. Clause 10.3 is without prejudice to any other right or remedy available to Akesio.
10.5. On termination or expiry of the Agreement, Akesio shall inactivate the Member’s password and within 72 hours remove the Users’ personal data from its control, retaining only fully anonymised, non-personal data;
10.6. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
Akesio is a company registered in England and Wales, this Agreement (Terms) and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and subject to the exclusive jurisdiction of the English courts.
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.1. Akesio shall not be liable to the user for any cost or expense, including without limitation travel and accommodation expenses, incurred by the User in relation to the Services under this Agreement.
12.2. Akesio does not guarantee permanent or error-free access to the Akesio’s Services or that errors or malfunctions will be corrected immediately.
12.3. The User acknowledges that Akesio shall only be liable for the Services under this Agreement and that he/she must pay all other service providers by the due date for payment.
12.4. Akesio neither verifies nor selects the content of sites that may be linked to our website and is in no way responsible for the content of such sites. The presence of links to such sites does not in any way signify that Akesio endorses them, that their content is valid or that Akesio accepts any responsibility whatsoever for their content or use. These links are offered purely for interest, without any further certification. Accordingly, users use such sites at their own risk.
12.6. To the maximum extent permissible by law, in no case shall Akesio, its partners, collaborators, employees or directors be liable for any direct, indirect, incidental, special or consequential damages (even if Akesio has been advised of the possibility of such damages) as a result of using the Service, but nothing in these terms represents an exemption from liability for death and personal injury.
Akesio reserves the right to change these Terms at any time, by amending this page. For any material amendment that will bind to existing users, we will provide 30 days notice to any new term becoming effective and after notification having been displayed for 7 days on the user's account page.
If you need to contact us regarding these Terms and Conditions or any other document mentioned in them, please email us at firstname.lastname@example.org.
The following definitions and rules of interpretations apply to these terms.
15.2. Clause and paragraph headings shall not affect the interpretation of this Agreement.
15.3. A person includes a natural person, corporate or unincorporated body (whether or not there is separate legal personality) and that person’s personal representatives, successors and permitted assigns.
15.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
15.5. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
15.6. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
15.7. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
15.8. A reference to writing or written includes e-mail and electronic communications through our Services and/or mail communications.
15.9. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
15.10. A reference to these terms or to any other terms or document referred to in these terms is a reference to these terms or such terms or document as varied or novated (in each case, other than in breach of the provisions of these terms) from time to time.
15.11. A reference to the Agreement is to the agreement made on these terms between Akesio and the User.
15.12. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.