Please read these terms and conditions carefully before using the Direct Appointments platform comprising the www.menopause-awareness.com website and any other website and or application which operates on smartphones that is provided the (“Platform”) and operated by Direct Appointments (“We”, “Us”, “Our”, “Ours”), a company registered in England and Wales under company number 10523182, registered 47 Portreeve close, Llantrisant, Pontyclun, RCT. CF728DW.

Subject to these Direct Appointments End User Terms & Conditions and Fair Use Policy (Our “Terms”) together with our Privacy Policy confirms the basis on which End Users, also referred in these Terms as “You”, “Your” and or “Yourself”) are permitted to access the Direct Appointments Platform and make use of Our “Platform”, “Products”, “Practitioners” and “Services”.  If You do not agree to being bound by Our Terms then, please immediately stop using the Platform and Services in any manner.   By continuing to use the Platform You are entering into a binding commitment between You and Us confirming (i) You have, read, understand, and agree to be bound by these Terms; (ii) that You are of legal age to be bound by these Terms; and (iii) You have the authority to enter into these Terms on a personal basis or on behalf of the legal entity that You have bound to these Terms.    

Please note that You should not place reliance upon or use Our Platform, Products, Practitioners and or Services for any medical or other emergency services requirements.  If You need urgent help then please immediately call the relevant medical or other emergency services response number.   

These Terms are issued and should be read in conjunction with the Direct Appointments Fair Use Policy and Direct Appointments Privacy Policy.

If You have any questions, comments, or concerns regarding these terms or the Platform, Products, Practitioners and or Services, please contact us at info@menopauseaware.wpengine.com

Our Services

menopause-awareness provides access to third-party healthcare information (each, a “Practitioner”) and information to support End Users through various life transitions including andropause, permimenopause and menopause (each, the “Services”).  Practitioners may provide information, advice and support through chat services, or online video calls or via a resource library of information.

Your employer or other organisation may have entered into an agreement with Direct Appointments to procure Your access to Our Services.  We will provide information with respect to the scope and duration of the Services procured for You via Your employer or other organisation.  We recommend that You confirm these details directly with Your employer or other organisation.  

The scope of the support provided by Practitioners is non-medical.  Direct Appointments does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Practitioner.  We encourage You to consult with Your healthcare provider before using Our Services or engaging any Practitioner.  Our Services are not a substitute for a primary care physician, obstetrician, paediatrician, or any other medical service provider.

Restrictions Related to the Use of Our Services

You may not:

Upload, post, or transmit to any Practitioner, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

Impersonate any person or entity, including another user, Practitioner, or an employee of Direct Appointments, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Forge or plagiarise headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

Upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterised, or are intended, as “medical advice”;

Attempt to interfere with or disrupt Our information technology servers or networks;

Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

Stalk or otherwise harass another user or any of Our employees or Practitioner;

Solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users, any minors, or users, including user names or passwords; or access or attempt to access another user’s End User account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

License and Limitations on Use

Subject to Your compliance with these Terms, the Direct Appointments Fair Use Policy and the Direct Appointments Privacy Policy, together with the scope and duration of Your Subscription, Direct Appointments grants to You a limited, personal, non-exclusive, non-transferable right and license to use the Services.  Unless otherwise specified in writing, the Services is for Your personal and non-commercial use.  The Services, including, without limitation, the Application, content, metadata, design, organisation, compilation, look and feel, the source, object, and Hyper Text Mark-up Language (“HTML”) code and all other protectable intellectual property available through the Services (the “Proprietary Materials”) are the property of Direct Appointments or the property of our licensors and are protected by copyright and other intellectual property laws.  All rights regarding the Proprietary Materials not expressly granted in these Terms are automatically on creation reserved by Direct Appointments.  Unless You have Our written consent, You may not copy, reproduce, sell, publish, distribute, display, re-transmit or otherwise provide access to the Proprietary Materials to anyone.  You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials.  You agree not to create, scrape, or display our content for any purpose other than Your legitimate use of the Platform as licensed herein.  You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without Our written consent.

Changes to Terms

We are constantly trying to improve our Services, so We reserve Our rights to update these Terms and the content of the Services at any time and publish the most recent copies of Our Terms and Services on Our Platform without prior notice to You.  If You do not agree with Our new Terms, You are free to reject them; which unfortunately, will end Your rights to use the Platform and the Services.  If You use or access the Services in any way after a change to the Terms is effective, that means You agree to all of the changes.  Except for changes by Us as described here, no other amendment or modification of these Terms will be effective.

Complaints

You can give us feedback on Our Services by emailing us on info@menopauseaware.wpengine.com.

If You wish to provide feedback or complain about Our Services, we would like to resolve Your concerns as soon as possible.  Please tell us about Your complaint as soon as You can so that we can respond promptly.

If You wish to make a formal complaint about our Service, please email Us on info@menopauseaware.wpengine.com.  We may ask You for certain details about You and Your complaint in order to address it and ask for Your prompt co-operation in seeking to resolve our differences quickly.  

We will tell You the outcome of our investigation into Your complaint and give You the chance to discuss it with us.  If we have done something wrong, we will apologise to You and seek amicable resolution. If You are in any way dissatisfied about how We process Your personal information, You have a right to lodge a complaint with the UK Information Commissioner’s Office (ICO).  This can be done at https://ico.org.uk/make-a-complaint/.  We would, however, appreciate the opportunity to talk to You about Your concern before You approach the ICO.

These terms are governed by English law and subject to the exclusive jurisdiction of the English courts.

Term and Termination

These Terms will commence on the date You initially set up Your End User account.   If You wish to terminate Your End User account You may do so by contacting us at info@menopauseaware.wpengine.com.   We may terminate these Terms and/or suspend Your End User account upon notice to You, if You breach any material term herein, or if We are required to do so by law (e.g., where the provision of the Platform or the Services is or becomes unlawful).   You agree that all terminations for cause shall be made at Direct Appointments’ sole discretion and that Direct Appointments shall not be liable to You or any third party for any termination of Your End User account.

Termination of any Services may include temporary suspension or permanent deletion of Your End User account together with any and all related information, files, and content associated with or inside Your End User account.  Upon termination of any Services, Your right to use such Services will automatically terminate immediately.  You understand that termination of Services may involve deletion of Your information and content in Your End User account.  All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.

Other important information

You are solely responsible for Your interactions with Practitioners and any other parties with whom You interact through the Services.  We at Our sole discretion may intercede in any differences that You may have with Practitioners and or third-parties, subject to You accepting that We have no liability for any implications which are outcomes of such interactions.

To the fullest extent permitted by applicable laws, You agree to waive and release any potential future claim against any and all persons or entities (including, but not limited to Direct Appointments Health Limited and Your present and future employers or other relevant organisations) that may in any manner be responsible for directly or indirectly sponsoring the Services, making You aware of the Services or creating, distributing or providing information and materials contained on the Platform or any associated or linked web sites or platforms.

You are responsible for determining Your suitability to be a User of the Platform and the Services and confirm that only You can determine whether a physical or medical examination should be undertaken prior to using the Services in any capacity.  You acknowledge that You are solely responsible for all aspects of Your health and wellbeing before, during and after Your use of the Services.     

Warranty Disclaimer.

You use the Services at Your own risk.  Direct Appointments does not guarantee that You will find the Services relevant, useful, correct, satisfactory or suitable for Your needs.   We do not guarantee that any Practitioner is categorised correctly or will be correctly matched to You.   Direct Appointments expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Services and assumes no liability or responsibility to You or any minor for whom You are responsible, for any errors, mistakes or inaccuracies in such content or in the Services provided by Direct Appointments or Practitioners, or information and advice provided by an Practitioner or through Our applications or Platform.  

You agree that Your access to and use of the Services, Practitioners and the content is made available on an “as is, as available” basis and Direct Appointments specifically disclaims any representations or warranties expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose and non-infringement.   Direct Appointments does not warrant or make any representations regarding the use or the results of use of the Products, Services, offerings, content, and materials made available through the Platform and the Services, including without limitation the availability, use, or results of the Services provided by a Practitioner.  

Direct Appointments Does Not Provide Medical Care.

It is important to understand that the Services do not include the provision of medical care by Us.  Direct Appointments and menopause awareness is not a licensed medical care provider and Direct Appointments does not act in a health care professional capacity.  You should not change any treatment or care plan, medication or therapy based on information You received through the Platform or Services or from any Practitioners.  Consultation with the Practitioners made available via the Services is supplementary to any treatment or care provided by Your health care provider and should not replace regular medical visits with Your health care provider.  Always seek advice from Your physician or other qualified health care practitioner regarding Your medical condition or the use (or frequency) of any medication or medical device.  Information provided by the Practitioners made available via the Services is offered for information purposes only and is not a recommendation or endorsement of any drug, device or treatment or representation that a particular drug, device, or treatment is safe, appropriate, or effective for You.  Questions regarding any drug, device or treatment should be directed to Your healthcare provider.  Never disregard professional medical advice or delay in seeking it because of something You have read in connection with Our Services.  Always consult with Your healthcare professional if You have any questions or concerns about Your health or condition or experience any changes in Your condition or health status.   

Limitation of Liability.

To the fullest extent permissible under applicable laws, in no event will Direct Appointments be liable to You or any third-party for any indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, (including negligence)., or otherwise) arising out of these Terms, or the use of, or the inability to use, the Services, including without limitation, any information or data made available through the Services or any services performed by any Practitioners that You connect with via the Services (including claims of medical malpractice), even if We are advised beforehand of the possibility of such damages in the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability of Direct Appointments for all claims (whether in contract, tort (including negligence) or otherwise) of every kind arising out of these Terms will not exceed the amount of fees paid for the use of Your End User account during the three (3) month period immediately preceding You becoming aware or when You should reasonably have become aware of a claim arising.  If any portion of this limitation of liability is found to be invalid, Direct Appointments’ liability shall be limited to the extent permitted by applicable laws.  

Indemnity.

You agree to defend, indemnify, and to hold harmless Direct Appointments, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) arising, resulting from, or relating to: (a) Your use of the Services or Your inability to use the Services; or (b) an allegation that You violated any representation, warranty, covenant, or condition in these Terms.  Your agreement to defend, to indemnify, and to hold Direct Appointments (and its officers and directors) harmless applies whether a claim against Direct Appointments is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to Your violation of any third party right, a claim that the Services caused damage to You or to any third party and/or Your use and access to the Services.  This indemnification section shall survive Your termination of or cessation of use of the Services.

Assignment.

You may not assign, delegate, or transfer these Terms or Your rights or obligations hereunder, or Your Account, in any way (by operation of law or otherwise) without Direct Appointments’ prior written consent.  Direct Appointments may assign its rights and obligations under these Terms.  These Terms will inure to the benefit of Direct Appointments’ successors, assigns, and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Miscellaneous.

These Terms constitutes the entire agreement between Us and You with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter.  No amendments, modifications or waivers to these Terms shall be valid unless in writing and accepted or signed by all Parties.   We may discontinue or change the Services, or its/their availability to You, at any time.  You also may be subject to additional terms and conditions that may apply when You use the products or services of a third party that are available through the Services.  In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries.  Accordingly, these Terms may only be invoked or enforced by You or us. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Direct Appointments Fair Use Policy

This is the privacy Policy Notice of Direct Appointments Health Limited (“Direct Appointments”), a company registered in England and Wales.  In this document, “We”, “Our”, or “Us” refer to Direct Appointments. You, Your and Yourself refer to people with an End User account which authorises them to access Our Platform and Our Services. 

General

This Fair Use Policy (“FUP”) is intended to help protect our End User account holders, and the internet community, from the inappropriate use of the internet . This FUP sets out the rules which apply to the use of Direct Appointments internet connection services to Platform, website and application that runs on smartphones as defined in the Direct Appointments End User Terms and Conditions for its “End User” account holders and is also subject to the Direct Appointments Privacy Policy including Your responsibilities and permitted and prohibited uses of those services.

We remind You that when You are connected to the internet via our service You must comply with the law. End User account holders must not use our service:

1. a) for the improper use of a public electronic communications network which is or would be an offence under Section 127 of the Communications Act 2003
2. b) any unauthorised access or denial of service attack which is or would be an offence under Sections 1, 2 or 3 of the Computer Misuse Act 1990
3. c) to commit an offence under the Regulation of Investigatory Powers Act 2000
4. d) to commit an offence under any other relevant UK legislation

An End User account holder’s use of our service constitutes acceptance of this FUP.

Direct Appointments reserve the right to revise and update this FUP from time to time.

Your Responsibilities

You are responsible for Your actions when connected to Our network and the systems You access through Your internet connection. If You act without care or irresponsibly in using Your internet connection or Your actions put at risk the integrity or security of the Direct Appointments network, systems or equipment, Your access may be restricted, suspended or terminated, without prior notice.

In particular, You agree that You will not use, attempt to use or allow Your internet connection to be used to:

1. a) store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable law or which is likely to be offensive or obscene to a reasonable person
2. b) store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless You have a lawful right to do so
3. c) do anything which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings
4. d) do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable law or which is in breach of any code, standard or content requirement of any other competent authority
5. e) do anything which interferes with other users or restricts or hinders any person from accessing or using our internet connection service or systems including the excessive usage of bandwidth under section 5 below
6. f) forge header information, email source address or other user information
7. g) access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network
8. h) deliberately compromise the security or integrity of any network or system including our network
9. i) knowingly access, download, store, send or distribute any viruses or other harmful programs or material
10. j) send or distribute unsolicited advertising, bulk electronic messages or otherwise breach Your spam obligations set out below, or overload any network or system including our network and systems (including the excessive usage of bandwidth under section 5 below)
11. k) invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent
12. l) tamper with, hinder the operation of or make unauthorised modifications to any network or system
13. m) authorise, aid, abet, encourage, conspire with or incite any other person to do or attempt to do any of the above acts

In addition, You may not use Our network to create, transmit, distribute, or store content that:

1. a) violates a trademark, copyright, trade secret or other intellectual property rights of others
2. b) violates export control laws or regulations
3. c) violates the privacy, publicity or other personal rights of others
4. d) impairs the privacy of communications
5. e) constitutes deceptive online marketing, causes technical disturbances to our network (including excessive usage of bandwidth under section 5 below), its affiliated networks, or the network used by End User account holders to access the Email service, or violates the policies of such networks by, including, but not limited to, the intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data
6. f) assists, encourages or permits any persons in engaging in any of the activities described in this section

If You become aware of any such activities, You are obligated to immediately notify us and take all other appropriate actions to cause such activities to cease.

Administration of Policy

You understand that the administration of this policy requires the exercise of discretion and judgment. Direct Appointments agree to exercise good faith in the administration of this policy and in making determinations under the policy.