Terms and Conditions

Persons under the age of 16 should only use Our Platform with the permission of an Adult who has Parental Responsibility or Legal Guardianship - referred to from here on as “Responsible Adult”. Payment Information must be provided by, or with the permission of, a Responsible Adult acting on behalf of the User.

Schools or organisations purchasing subscription on behalf of their student cohorts are entirely responsible for gaining permission from the Responsible Adult(s) of students under the age of 16 to access the platform.

3.3 The purchase of a multi-seat subscription plan and provision of the school or organisation’s cohort Personal Data, as requested by PWA for the creation of individual Accounts, will be construed as the school or organisation having obtained all necessary permissions in advance as set out in section 3.2.

3.4 Peach Wellness Ltd will not be held responsible for Users under the age of 16 accessing the PWA platform content without the permission of a Responsible Adult.

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on Our Site and Our Platform, unless uploaded by Users, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, audio clips, video, data compilations, page layout, underlying code, software, and the selection and arrangement thereof (collectively, the “Materials”) is the property of Peach Wellness Ltd, our licensors, affiliates or other relevant third parties. By continuing to use Our Site and Our Platform you acknowledge that such material is protected by applicable Scottish and International intellectual property, copyright and other laws.

4.2 We grant You a limited, non-sublicensable and non-exclusive license to access and make use of Our Platform and electronically copy (except where prohibited without a license) and print to hard copy specified portions of Our Platform content for Your informational, non-commercial and personal use only, solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other agreement You may enter into with Us or any of Our Affiliates. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms of Use: (a) the collection, use, copying or distribution of any portion of Our Site or Our Platform or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of Our Site or Our Platform or any of the Materials; (c) modifying or otherwise making any derivative uses of Our Site or Our Platform or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of Our Site or Our Platform, the Materials or any information contained therein, except as expressly permitted on Our Site or Our Platform; or (f) any use of Our Site or Our Platform or the Materials other than for their intended purposes.

4.3 Subject to Clause 6, any use of Our Site or Our Platform or of any Materials not owned by You, other than as specifically authorised herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorised use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless otherwise expressly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms of Use to You) is otherwise deemed to be granted to You by operation of law or otherwise, You hereby irrevocably assign to Us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by Us at any time without any penalty.

5.1 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.

5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on Our Site or Our Platform or unless given express written permission to do so by the relevant manufacturer or supplier.

Material from Our Site or Our Platform 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.

We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at Our sole discretion limit access to Our Site or Our Platform and / or terminate the Accounts of any Users who infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement.

11.1 When using any System on Our Site or Our Platform 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:

• You must not use obscene or vulgar language;
• 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;
• You must not submit Content that is intended to promote extremist views or incite violence;
• It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of PWA or Our affiliates; and
• You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

11.2 You acknowledge that PWA reserves the right to monitor any and all communications made to Us or on Our System.

11.3 You acknowledge that PWA may retain copies of any and all communications made to Us or on Our System.

11.4 You acknowledge that any information you send to Us through Our System may be moderated or 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.

12.1 In order to procure Services on Our Site and to use certain other parts of Our Platform or Our 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 PWA platform and Systems as We may not require payment information until you wish to make a purchase. By continuing to use Our Site and Our Platform you represent and warrant that:

• all information you submit is accurate and truthful;
• you have permission to submit Payment Information where permission may be required; and
• you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

12.2 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.

12.3 Users will be assigned a random username during the Account registration process. This ensures that Users remain anonymous when engaging with Our Platform content or Our System where user generated content may be visible by other Users. We recommend that you do not share your username to avoid being identified on the PWA platform or Our System.

12.4 Only PWA employees will be able to identify Users from their Account information. For School or organisation subscription plans, a number of facilitator accounts will have permissions assigned to them which allow identification of Users within that multi-seat plan for the purposes of internal moderation and monitoring of platform use.

12.5 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 unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

14.1 Whilst every effort has been made to ensure that all general descriptions of Services available from PWA correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 15.7 for incorrect Services.

14.2 Where appropriate, you may be required to select the required Plan of Services.

14.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Site.

14.4 All pricing information on Our Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

14.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

15.1 No part of Our Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. 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 PWA and you.

15.2 Order confirmations under sub-Clause 15.1 will be sent to you before the Services begin and shall contain the following information:

• Confirmation of the Services ordered including full details of the main characteristics of those Services;
• Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
• Relevant times and dates for the provision of the Services;
• User credentials and relevant information for accessing those services.

15.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

15.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent year (“billing cycle”) for charges accrued during the previous year (“billing cycle”) AND / OR as indicated in the order confirmation you received.

15.5 We aim to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 16, will be affected.

15.6 PWA shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

15.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

15.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

• If the Services are fully performed within the 14-calendar day cooling off period, you will lose your right to cancel after the Services are complete; and 
• If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.

16.4 Cancellation of Services after the 14-calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

• Provide Our Services to you;
• Process your payment for the Services; and
• Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

18.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by UK GDPR and the Data Protection Act 2018 and should use and hold your personal information accordingly.

18.4 We will not pass on your personal information to any other third parties without first obtaining your explicit permission.

• We make no warranty or representation that Our Site or Our Platform 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 Service or Services.
• No part of Our Site or Our Platform is intended to constitute personalised or individual medical advice and the Content of Our Site, Our Platform and Our social media feeds should not be solely relied upon when making any decisions or taking any action of any kind regarding your, or the health of any individual under your duty of care.
• No part of Our Site or Our Platform is intended to constitute a contractual offer capable of acceptance.
• Whilst We use reasonable endeavours to ensure that Our Site or Our Platform 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.

We reserve the right to change Our Site and Our Platform, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use Our Site or Our Platform following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.