Terms of Supply

By continuing to use this site and the services on it, I agree to the below terms.

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (“Terms”) on which we provide the following services (“Services”) to you through our website:
• An educational course with a number of lessons/modules guiding you to improve the health of your lower back and your general health.
• Review of proven treatments;
• Comments you can share with others

These Terms will apply to any contract between us for the sale of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before signing up to use any Services through our site. Please note that before signing up to use any Services you will be asked to agree to these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US
1.1 We operate the website www.backpainandsciatica.co.uk We are Active X Clinics Ltd, a company registered in Scotland under company number SC246156 and with our registered office at 21 Coates Crescent, Edinburgh, EH3 7 AF, UK.
1.2 To contact us, please use the following e-mail address info@active-x.co.uk.

2. USE OF OUR SITE
Your use of our site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.

3. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only subscribe for Services from our site if you are at least 18 years old.
4.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to subscribe for Services.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 In order to subscribe for our Services, you must click on the link in the confirmation email sent to you.
6.2 Our subscription process set out above in clause 6.1 allows you to check and amend any errors before completing the subscription process. Please take the time to read and check your subscription details during the subscription process.
6.3 After you complete the subscription process, you will receive an e-mail from us acknowledging that we have received your request to subscribe for our Services. However, please note that this does not mean that your subscription request has been accepted. Our acceptance of your subscription request will take place as described in clause 6.4.
6.4 We will confirm our acceptance of your subscription request to you by sending you an e-mail (“Subscription Confirmation”). The Contract between us will only be formed when we send you the Subscription Confirmation.

7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
7.2 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER – COOLING OFF PERIOD
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply if you agree to the Services starting before the end of the period set out below in clause 8.3.
8.3 Your legal right to cancel a Contract starts from the date of the Subscription Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Subscription Confirmation. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, you must contact us in writing by sending an e-mail to info@active-x.co.uk. You may wish to keep a copy of your cancellation notification for your own records.
8.5 You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4.
8.6 We will issue refunds on the payment method used at the time of payment of the Services.
8.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Subscription Confirmation.

9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER OR A BUSINESS – GENERAL
9.1 Once we have begun to provide the Services to you, either before the end of the period set out above in clause 8.3 with your agreement, or after the end of the period set out above in clause 8.3, you may cancel the contract for the Services at any time by providing us with at least [30] calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
9.2 Once we have begun to provide the Services to you, either before the end of the period set out above in clause 8.3 with your agreement, or after the end of the period set out above in clause 8.3, you may cancel the contract for Services with immediate effect by giving us written notice if:
(a) We break this contract in any material way and we do not correct or fix the situation within [14] days of you asking us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over our assets;
(c) We change these Terms under clause 7.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.

10. OUR CANCELLATION RIGHTS
10.1 If we have to cancel a subscription request for Services before the Services start:
(a) We may have to cancel a subscription request before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel without which we cannot provide the Services. We will promptly contact you if this happens.
(b) If we have to cancel a subscription request under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
10.2 Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
10.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay us when you are supposed to as set out in clause 13.3 This does not affect our right to charge you interest under clause 13.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

11. PROVIDING SERVICES
11.1 We will supply the Services to you from the date you receive the Subscription Confirmation until the end of the period for which you have agreed to use the Services as stipulated by you during the subscription process.
11.2 We may have to suspend the Services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the Services.

12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

13. PRICE AND PAYMENT
13.1 The price of the Services will be as set out on our site from time to time. Our prices may change at any time, but price changes will not affect a subscription request that we have confirmed with you.
13.2 These prices do not include VAT as our service is exempt of VAT. However, if our VAT status changes between the date of the subscription request and the date of commencement of performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect,
13.3 By completing the subscription process, you agree to pay us immediately. Your rights to a refund on cancellation are set out in clauses 8 and 9. You must pay each invoice due in cleared monies within 7 calendar days of the date of invoice by online payment.
13.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.5 However, if you dispute an invoice in good faith and contact us to let know promptly after you have received an invoice that you dispute it, clause 13.4 will not apply for the period of the dispute.

14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
14.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
14.2 Subject to clause 14.1 we will under no circumstances whatever be liable to you, whether in delict, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1 and clause 14.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1Million.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

15. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably practicable after the Event Outside Our Control is over.
16.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside our Control continues for longer than 2 weeks in accordance with our cancellation rights in clause 10.

17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Active X Clinics Ltd at 21B Coates Crescent, Edinburgh EH3 7AF or info@active-x.co.uk will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause 8 for how to tell us this.
17.3 If you have any questions or if you have any complaints, please contact us. You can contact us by or by e-mailing us at info@active-x.co.uk. If we have to contact you or give you notice in writing, we will do so by e-mail.
17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the subscription of Services through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction.
18.7 If you are a business, these Terms are governed by Scots law. This means that a Contract, 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), will be governed by Scots law. We both agree to the exclusive jurisdiction of the Scottish courts.
18.8 We will not file a copy of the Contract between us.