WELCOME TO ETHERA.HEALTH
Thank you for visiting our website https://ethera.health (the “Website”).
The Website is operated by Ethera Health Ltd (“we” or “us”).
We are registered in England and Wales under company number 14003133 and have our registered office at 125 Wood Street, London, United Kingdom, EC2V 7AW.
We offer products and services (the “Services”), including a downloadable mobile application HALO-X (the “App”) which is designed to work with our wearable health monitoring device Ethera Health Band (the “Device”).
Please read the following terms and conditions (“Terms”) carefully before using the Website, or our Services. By using the Website or accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the
Website or our Services.
Other applicable terms:
a) Privacy Policy https://ethera.health/privacy-policy.
The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as information about the cookies on the Website.
b) End User Licence Agreement https://ethera.health/eula. The End User Licence Agreement (EULA) sets out further terms of use of our mobile application software (the “App”).
c) Accessibility statement https://ethera.health/accessibility.
1. PURPOSE OF OUR WEBSITE
1.1. The information and content on the Website is provided to you solely for the purpose of your use of our App. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, complete or up-to-date.
1.2. It is not intended for medical or clinical use or use for diagnostic and/or therapeutic purposes including but not limited to:
a) the diagnosis, prevention, monitoring, treatment or alleviation of disease;
b) the diagnosis, monitoring, treatment, alleviation of or compensation for an
injury or handicap; or
c) the investigation, replacement or modification of the anatomy or of a
physiological process, (together “Medical Purposes”). The information and content provided on the Website is not intended to be used as a medical device.
2. ACCESSING OUR WEBSITE
2.1. Access to the Website is permitted on a temporary basis, and we may withdraw or amend the services we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2. We may restrict access to some parts of the Website to users who have registered with us.
2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
2.4. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use,
and that they comply with them.
2.5. Our Website is intended for people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate or available in other locations. We may block the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the United Kingdom, you do so at your own risk.
3. INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE
3.1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
3.2. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must destroy any copies of the materials you have made.
4. OUR WEBSITE CHANGES REGULARLY
We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website, or shut it down indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. LINKING TO OUR WEBSITE
5.1. You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.2. If you wish to make any use of material on the Website other than that set out above, please address your request to halox.support@ethera.health.
6. LINKS FROM OUR WEBSITE
Where the Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
We process information about you in accordance with our Privacy Policy https://ethera.health/privacy-policy.
By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
8. VIRUSES, HACKING, PROHIBITED USES AND OTHER OFFENCES
8.1. You may use the Website only for lawful purposes. You may not use the Website:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.2. You must not misuse the Website by knowingly introducing viruses, Trojans or any other malicious items. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under UK law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
8.3. To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
9. OUR SERVICES
These Terms, together with our Privacy Policy and the End-User Licence Agreement, set out the entire agreement between you and us relating to the provision by us to you of the Services made available through the Website and our App.
10. PAYING FOR THE SERVICES
10.1. Our subscription fees are as set out on the App Store. Although the download of the App is free, you must pay the applicable subscription fees in order to receive any paid Services. Payment may be made by following the instructions on the Website or in the App.
10.2. Payment for all Services must be made in advance in cleared funds through the App and relevant App Store and subject to its terms and conditions. The collection and processing by the relevant App store of your credit or debit card details and other personal data are governed by its terms and conditions.
11. TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THESE TERMS
You may not transfer, assign or otherwise dispose of any of your rights or obligations arising under these terms, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms at any time.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by events outside our reasonable control including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss and the acts of any government.
13. OUR LIABILITY
13.1. Any materials made available on the Website or on the App are not to be used for any Medical Purposes.
13.2. Access to our Website is provided “as is” and your use of the Website is at your own risk.
13.3. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.4. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which might otherwise be implied by statute, under the common law, or otherwise, in relation to the Website and the Services.
13.5. We expressly exclude any liability for any indirect or consequential loss or damage incurred by you in connection with the Services or the Site or in connection with the use, inability to use, or results of the use of the Site, however caused
13.6. Our liability to you in relation to the Services shall in no circumstances exceed a sum equal to the sums paid by you to us for the provision of those Services during the twelve months preceding the date on which the event giving rise to our liability occurred.
13.7. We will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, the Website; or
b) use of or reliance on any content displayed on the Website.
13.8. If you are a consumer user of the Website, please note that we only provide the Website for your domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.9. We will not be liable to you if for any reason our Website is unavailable at any time for any period.
13.10. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any Website linked to it.
14. BREACH, SUSPENSION AND TERMINATION
14.1. If you are in breach of these Terms, we may take such of the following actions as we deem appropriate in the circumstances:
a) immediate, temporary or permanent withdrawal of your right to use the Website and/or Services;
b) issue of a warning to you;
c) the issue of legal proceedings against you; or
d) disclosure of your information to law enforcement authorities as appropriate.
14.2. You agree to indemnify us against all costs, losses, damages, expenses and liabilities (including, but not limited to, reasonable administrative and legal costs) suffered, incurred or paid out by us as a result of your breach of these Terms or our Privacy Policy.
15. JURISDICTION AND APPLICABLE LAW
15.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Website although we retain the right to bring proceedings against you for breach of these Terms of Use or the Terms of Service in your country of residence or any other relevant country.
15.2. These Terms of Use, the Terms of Service and any dispute or claim arising out of or in connection with them or their 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.
16. VARIATIONS
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
17. SEVERABILITY
If any court or competent authority decides that any of the provisions of these Terms of Use or any provisions of our Terms of Service or Privacy and Cookie Policy are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
CONTACT US
If you have any concerns about material which appears on the Website, or any questions, comments or requests regarding our Terms or Privacy Policy, please contact us at halox.support@ethera.health or at our postal address of 125 Wood Street, London, United Kingdom, EC2V 7AW, or use the “Contact Us” form on the Website at https://ethera.health/help.
This document was last updated in August 2022.