Terms of PurchasePublished: Tuesday, Oct 18, 2022
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are subscription services (“Subscriptions”), details of which can be found here, or physical products (“Physical Products”), digital content (“Digital Products”) or third-party services (“Third Party Services”), details of which are exclusively available within our subscription application.
1.2 If you are a business customer, these terms (and any other document referred to in these terms and conditions) constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1. Who we are. We are MeaVitae Limited (Company number 11556365), located at 1a The Quadrant Courtyard, Quadrant Way, Weybridge, KT13 8DR United Kingdom (we, us, our, MeaVitae),
2.2. How to contact us. You can contact [email protected] or at 1a The Quadrant Courtyard, Quadrant Way, Weybridge, KT13 8DR United Kingdom.
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will exist between you and us.
3.2. If we cannot accept your order. If we cannot accept your order, we will inform you of this and will not charge you for the product.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept it. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for promoting our products and services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our Products
4.2. Subscriptions. If you purchase a Subscription, you will be charged the full price at the beginning of your chosen Subscription term. Your Subscriptions will automatically bill for a further period based on your subscription choice if you do not provide MeaVitae with 14 days notice of your intention to cancel. Third-party subscriptions will continue for as long as the third party provides you with use of the service under the Subscription.
4.3. Cancellation of Subscription for customers. You may cancel your Subscription within 14 days from the date of your purchase for a full refund of the subscription portion of the cost by contacting MeaVitae. After 14 days, you will not be entitled to a refund even if you close your MeaVitae account. MeaVitae will refund the cost of or accept the return of the hardware encryption keys purchased to use with the Subscription if they are still in the package. Subscriptions purchased by third parties are not eligible for the 14-day cooling-off period. By purchasing a Subscription, you acknowledge and agree to this.
4.4. Digital Product Licence. When you purchase a Digital Product, MeaVitae grants you unlimited access to the Digital Product for use solely within the Service while you remain a Subscriber. You agree to not otherwise copy, reproduce, distribute or use the Digital Product other than as expressly set forth herein. You will not sell, transfer, or lease the Digital Product, and will not exploit it commercially.
4.5. Delivery of Digital Products. Digital Products will be delivered directly to your MeaVitae account for immediate use upon successful online payment using MeaVitae Tokens. There is no alternative delivery method for Digital Products. We may update or require you to update Digital Products, provided that the Digital Products shall always match the description we provided to you before you bought it.
4.6. Cancellation of orders for Digital Products. Due to the nature of the Digital Products available within the Service, where you may already have received a benefit from using them, we cannot offer a refund or accept their return. By purchasing a Digital Product, you acknowledge and agree to this.
4.7. Physical Product Licence. When you purchase a Physical Product, MeaVitae grants you unlimited use of the Physical Product. You agree to not otherwise copy, reproduce, distribute or use the Physical Product other than as expressly set forth herein. In the case of hardware encryption keys, you may distribute these to others who may need access to the Service. You will not sell or lease the Physical Product, and you will not exploit it commercially.
4.8. Delivery of Physical Products. Physical Products will be dispatched by a supplier appointed by MeaVitae within 48 hours of receiving confirmation of successful online payment. Delivery times will be at the courier's discretion, and a signature will be required as proof of delivery.
4.9. Cancellation of orders for Physical Products. Physical Products supplied with the purchase of a subscription are subject to personalised encryption and therefore, cannot be returned unless defective. Physical Products purchased via the MeaVitae marketplace can be returned for a full refund if they are defective or the packaging has not been broken. We will pay the postage costs for any returns unless you are a business, in which case reimbursement of the cost of returns will be at the discretion of MeaVitae. By placing an order for a Physical Product, you acknowledge and agree to this. If you have any questions or complaints about a Physical Product, please contact our customer service team at 0800 035 0160 or by writing to us at [email protected] or at 1a The Quadrant Courtyard, Quadrant Way, Weybridge, KT13 8DR United Kingdom.
4.10. Purchase of Third-Party Services. MeaVitae acts as a reseller for selected Third Party Services, and you acknowledge and accept that we are not responsible and shall not have liability to you regarding your access and use of such Third Party Services in general, which shall be governed by the relevant third-party terms of service. These services are listed on the MeaVitae marketplace. Where a cost is associated with procuring a service, the Third Party Service provider will contact you within 48 hours of confirmation of successful online payment using MeaVitae Tokens.
4.11. Delivery of Third Party Services. Any Third Party Services purchased via the MeaVitae marketplace will be provided by the named third party. Delivery of the Third Party Services will be based on their terms of service, and you are responsible for ensuring that these terms of service meet your requirements.
5. Pricing and payment
5.1. Pricing. Prices listed for Subscriptions can be found here. Prices for Digital Products, Physical Products and Third Party Services can be found exclusively within the subscription platform. Such prices represent the total price and include VAT at the current rate unless stated otherwise. Prices are subject to change at any time at MeaVitae’s sole discretion.
5.3. Changes to Terms of Purchase. MeaVitae reserves the right to change these Terms of Purchase at any time upon notice to you, and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. The updated version of these Terms of Purchase will be indicated by an updated “Revised” date, and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Purchase to stay informed of updates.
6. Our responsibility for loss or damage suffered by you if you are a consumer
6.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen, for example, if you discussed it with us during the sales process.
6.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
6.3. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
6.4. We are not liable for business losses. If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 6.
7. Our responsibility for loss or damage suffered by you if you are a business
7.1. Nothing in these terms shall limit or exclude our liability for:
7.1.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);
7.1.2. fraud or fraudulent misrepresentation;
7.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
7.1.4. defective products under the Consumer Protection Act 1987; or
7.1.5. any matter in which it would be unlawful for us to exclude or restrict liability.
7.2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
7.3. Subject to clause 7.1:
7.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between us; and
7.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lower of the sum of £1000 or (b) the amount paid, if any, by you to us during the six (6) month period before any cause of action arising.
8. How we may use your personal information
8.1. How we will use your personal information. We will only use your personal information as set out in our privacy notice.
9. Other important terms
9.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the contract.
9.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
9.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.4. If a court finds part of this contract illegal, the rest will continue. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that they are unlawful, the remaining paragraphs will remain in full force and effect.
9.5. Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the products, we can still require you to make the payment later.
9.6. Which laws apply to this contract, and where you may bring legal proceedings if you are a customer. Please note that these terms, subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you have any complaints or wish to raise a dispute under these terms, please follow this link http://ec.europa.eu/odr.
9.7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, these terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.