Statement of Terms and Conditions and Privacy Notice
Terms & Conditions
Dated 18th April 2023
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Care Team by e-mail or call us on 0121 655 0092 between 9am and 5pm UK time.
Read through these terms and conditions carefully before using this website.
Print a copy for future reference.
“Conditions” means these terms and conditions and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means S-Med Limited.; “Website” means the website located at https://www.osa-test.co.uk, https://www.sleeptest.online, https://www.sleeptest.shop, https://www.s-med.co.uk, its https equivalent or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this Website.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what S-Med Ltd. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Please be aware there is a minimum subscription of 6 months for CPAP therapy services, after which you can cancel your therapy at any time.
Please also be aware that upon cancellation we will collect the CPAP device from you. It is a part of Terms and Conditions that you accept responsibility for the safe return of the device upon termination of therapy, and if we cannot recover the CPAP device you are fully liable for the cost of a replacement device.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
No claim is made by S-Med Ltd. nor any claim in relation to any of the products available for purchase via its websites to diagnose, cure or prevent any specific disease or condition. It is the responsibility of the purchaser to decide if the product would be of benefit to them or not. If in doubt, please consult your doctor or other health adviser.
Unit 8 Empire Court, Albert Street
S-Med Ltd - DATA PRIVACY NOTICE
Dated 27th July 2020
Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
Your personal data – what is it?
Personal data relates to information used to identity living individuals. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of personal data is governed by the General Data Protection Regulation (the “GDPR”).
Who are we?
S-Med Ltd is the data controller (contact details below). This means we decide how your personal data is processed and for what purposes.
What Information do we collect about you?
When we refer to “personal data” in this Notice, we mean information about living individuals or businesses which, alone or in conjunction with other information held by us, is capable of identifying them. The DPA and the GDPR regulate our use of your personal data.
In dealing with professional bodies, businesses and other parties in the course of our business, we most commonly obtain personal data consisting of; names, job roles, physical and electronic addresses, and telephone numbers.
We may obtain personal data from you when you contact us or visit our offices, including when you call us, get in touch with us via our website, or when you or your organisation corresponds with us using any means of communication. This includes personal data you provide to us when you:
• Contact us with a question or enquiry;
• Attend events or provide our staff with business cards or contact details;
• Register for an event, newsletters or to receive updates;
• Visit our website and if you join us through our website;
• Deal with us in order to provide us with goods or services;
• We may also collect and retain personal data from public sources about you or your business.
How do we process your personal data?
S-Med Ltd complies with its obligations under the “GDPR” by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access, and disclosure; and by ensuring that appropriate technical measures are in place to protect personal data.
We use your personal data for the following purposes: -
• To enable us to fulfil our contractual obligations, as set out in our contracts with related bodies;
• To administer membership records for and to our members;
• To manage our employees;
• To maintain our own financial records and accounts;
• To inform our members and other stakeholders of news, events, activities and services offered by S-Med Ltd and its contractual partners.
What is the legal basis for processing your personal data?
• To fulfil contractual obligations for our contracts;
• To record explicit consent of the data subject so that we can keep you informed about news, events, life sciences related activities and services, funding and other business opportunities;
• Where processing is necessary for carrying out legal obligations in relation to paying the relevant bodies for taxation, national insurance and pension contributions;
• To facilitate personal contact details on our database to be maintained and kept up to date, whilst ensuring information held is stored securely.
Sharing your personal data
Your personal data will be treated as strictly confidential and will only be shared with others in order to carry out a service which is being provided within the membership remit or contract requirements. We will only share your data with third parties outside of the bodies listed above with your consent.
How long do we keep your personal data?
We retain your data while it is still current, or until you withdraw consent.
We may use a "cookie" in order to track website usage. These cookies do not collect personal information, but records the time of visit, date, referring page, and the IP address. This information is used by us to create a better user experience.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: -
• The right to request a copy of your personal data which S-Med Ltd holds about you;
• The right to request that S-Med Ltd corrects any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary for S-Med Ltd to retain such data (unless it is required for contractual reasons, if so, the data will be erased as soon as it is no longer required for this purpose);
• The right to withdraw your consent to the processing at any time;
• The right to request that the data controller provide the data subject with his/her personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data;
• The right to lodge a complaint with the Information Commissioner's Office.
We reserve the right to update this Policy from time to time, with any updates published on our site. We therefore encourage you to review our Policy periodically for the most up to date information on our privacy practices. We will not however, substantially change the way we use personal information you have already provided to us without the appropriate prior agreement. By continuing to use our site after a Policy change you are indicating your acceptance of the revised Policy terms.
To exercise all relevant rights, queries or complaints please, in the first instance, contact S-Med Ltd, Unit 8 Empire Court, Albert Street, Redditch, B97 4DA.
Should you have other questions or concerns about these privacy policies, please call us at +44 (0)121 6550092 or send us an email at firstname.lastname@example.org