Terms of Service

1. These Terms

1.1 What these terms cover - These are the terms on which we supply services or digital content to you through the Offload Platform which can be accessed through our website at www.offloadweb.com (“the Platform”)

These Terms of Service (“Terms”) tell you the rules for accessing and using the Offload Platform which you access through our website at www.offloadweb.com (our "Platform"). The Services provided by our Platform include the Site and our mobile applications (”Mobile Apps”) and related technologies. By using the Services you agree to these terms and to the other policies we post, including the policies listed below.

Our Privacy Policy.
Our Cookie Policy, which sets out information about the cookies on our Platform.
Our Professionals Terms of Service (for Professionals only).

IMPORTANT

These terms do not apply to the services offered by our Professionals - Those services are supplied by the Professional to you and will be the subject of a contract between you and the Professional which we are not a party to.

The services which we supply to you and to which these terms apply include the following:

(a) Digital content or services – any service or digital content that we agree to supply to you through our Platform. These may be supplied as a one-off or on a continuing basis;

(b) Booking services - our Platform allows you to book or agree to accept services from Professionals;

1.2 Why you should read them - Please read these terms carefully before you order any services or digital content from our Platform, including signing up for a membership. These terms tell you who we are, how we will provide services or digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

(a) You are an individual.

(b) You are buying services or digital content from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you - If you are a business customer these terms 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. About Us And How To Contact Us

2.1 Who we are - We are Offload Technologies Ltd a company registered in England and Wales. Our company registration number is 15033424 and our registered office is at 71 - 75 Shelton Street, London, England, WC2H 9JQ.

2.2 How to contact us - You can contact us by emailing us at edwin@offloadweb.com or at our registered office address.

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.

2.4 "Writing" includes emails - When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order - Except where you are using our platform to book an appointment with, or to receive services from, one of the Professionals our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Where you are using our platform to book an appointment with, or to receive services from, one of the Professionals the contract for our booking services will come into existence as soon as you have made payment to the Professional.

3.2 If we cannot accept your order - If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services or digital content. This might be because of unexpected limits on our resources which we could not reasonably plan for.

4. Our Platform And Terms

4.1 Use of our Platform - All of the services and digital content that we supply to you will be supplied to you through our Platform/

4.2 Access to our Platform - In very limited circumstances because for example you have breached our Terms we may decide that you can no longer enjoy the benefits offered by our Platform. We will obviously notify you of this and where appropriate give you every opportunity to remedy the situation. However if the situation cannot be remedied it will mean that we can no longer provide you with services (such as membership) that you may have paid for. How we deal with this is set out in clause 10.

5. Your Rights To Make Changes

5.1 You may cancel your subscription renewal either through your account settings page or by contacting us. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the subscription-only services until the end of your current subscription period. If the subscription has been made through an in-app purchase, you can cancel the renewal of your subscription with the appropriate Application Store.

6. Our Rights To Make Changes

6.1 Minor changes to the services or digital content - We may change the services or digital content to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services or digital content.

6.2 Updates to digital content - We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

6.3 Improvements - We are constantly improving and enhancing the services that we offer through our Platform but these improvements and enhancements will not negatively impact services that you have purchased. For example we might make additional features available to members.

7. Providing The Service Or Digital Content

7.1 If what you have ordered is a one-off service - We will begin the services on the date we accept your order.

7.2 If you have made a one-off purchase of digital content - We will make the digital content available to you as soon as we accept your order.

7.3 If what you have signed up for is a membership or ongoing services or a subscription to receive goods or digital content. We will supply the services, or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.4 Reasons we may suspend the supply of services or digital content to you - We may have to suspend the supply of a service or digital content to:

(a) deal with technical problems or make minor technical changes;

(b) update the services or digital content to reflect changes in relevant laws and regulatory requirements;

(d) where you have breached our Terms (see clause 4).

7.5 Your rights if we suspend the supply of services or digital content - We will contact you in advance to tell you we will be suspending supply of the services or digital content, unless the problem is urgent or an emergency. Except where clause 7.4(d) applies if we have to suspend the services or digital content for longer than 7 days in any month we will adjust the price so that you do not pay for services or digital content while they are suspended. You may contact us to end the contract for services or digital content if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the services or digital content in respect of the period after you end the contract.

8. Your Rights To End The Contract

8.1 You can always end your contract with us - Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back),;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.3;

8.2 Ending the contract because of something we have done or are going to do - If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services or digital content which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the services or digital content or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the services or digital content you have ordered and you do not wish to proceed;

(c) there is a risk that supply of services or digital content may be significantly delayed because of events outside our control;

(d) we have suspended supply of services or digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) - If you are a consumer then for most services or digital content bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When consumers do not have a right to change their minds - Your right as a consumer to change your mind does not apply in respect of:

(a) digital products after you have started to download or stream these; and

(b) services, once these have been completed, even if the cancellation period is still running. This will be the case when you use our Platform to book services with our Professionals because our booking services will have been completed and payment taken from you as soon as the booking is made.

8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until [1 calendar month] after the day on which you contact us. We will refund any advance payment you have made for services or digital content which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the services or digital content until 3 March. We will only charge you for supplying the services or digital content up to 3 March and will refund any sums you have paid in advance for the supply of the services or digital content after 3 March.

9. How To End The Contract With Us

9.1 Tell us you want to end the contract - for the Offload app subscription, please let us know by cancelling your app subscription.

9.2 How we will refund you - If you are entitled to a refund under these terms we will refund you the price you paid for the services or digital content, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind - If you are exercising your right to change your mind:

(a) we may deduct from any refund an amount for the supply of the service (for example a membership) for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4 When your refund will be - We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then our refund will be made within 14 days of your telling us you have changed your mind

10. Our Rights To End The Contract

10.1 We may end the contract if you break it - We may end the contract for services or digital content at any time by writing to you if:

(a) you do not make any payment to us when it is due;

(b) you breach our Terms and given the nature of the breach we reasonably decide that it is no longer appropriate for you to receive the services, download digital content or access our Platform.

10.2 You must compensate us if you break the contract - If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services or digital content we have not provided but we may deduct or charge you a reasonable amount as compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the services or digital content - We may write to you to let you know that we are going to stop providing the services or digital content that you have ordered. For example this might apply if we decide that we are no longer going to offer the membership or subscription that you have paid for. We will let you know at least 28 days in advance of our stopping the supply of the services or digital content and will refund any sums you have paid in advance for services or digital content which will not be provided.

11. If There Is A Problem With Our Services Or Digital Content

How to tell us about problems - If you have any questions or complaint about our services or digital content, please contact us and we will do our very best to resolve your complaint as quickly as possible (see contact details in clause 2).

12. Price And Payment

12.1 Where to find the price for the services or digital content - The price of the services or digital content (which includes any applicable VAT) will be the price indicated on the order pages of our Platform when you placed your order. We take all reasonable care to ensure that the price of the services or digital content advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the services or digital content you order.

12.2 What happens if we got the price wrong - It is always possible that, despite our best efforts, some of the services or digital content we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the services or digital content's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services or digital content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.3 When you must pay and how you must pay - We only accept payment through our Platform and you must pay for all services in advance of using them and for digital content before you download it.

13. Limit Of liability

13.1 To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of the Services. To the extent permitted by law, our liability for damages is limited to an amount equal to the sum paid by you for services and digital content in the last 12 months.

13.2 We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

14. Medical Disclaimer

The Services do not include the provision of medical care, mental health services, or other professional services.

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 999 in the United Kingdom or your country’s local emergency services if not in the United Kingdom, or go to the nearest open clinic or emergency room. If you are considering or committing suicide or feel that you are a danger to yourself or to others, you must discontinue use of the Services immediately, call 999 or notify appropriate police or emergency medical personnel or the equivalent in your country.

If you suspect, have experienced, or have knowledge of child or dependent adult or elder abuse please contact your local protective service agencies. We are not a mandated reporter, and we are under no obligation to report any known or suspected instances of child, dependent adult, or elder abuse to the proper authorities as set forth under applicable law.

While the Services may provide access to certain general medical information the Services cannot and are not intended to provide medical advice. The Services may provide general information to patients for educational, informative and engagement purposes. All such information is not intended to replace or complement any professional medical consultation, advice, or treatment, which should be provided by a physician or other qualified healthcare professional. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

The provision of content through the Services does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in your self care.

No licensed medical professional-patient relationship is created by using information or services provided by or through the use of the Services or through any other communications with us. The content of the Services are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. If the Services provide you with any potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other qualified health care professional. Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the Services. You are solely responsible for seeking the medical advice of qualified health care professionals for questions regarding a medical condition, diagnosis, or treatment. Do not use the Services for emergency medical needs. If you require mental health therapy services, you should contact a qualified healthcare professional. If you experience a medical emergency, call 911 in the United States or your country’s local emergency services if not in the United States. Your use of information provided on and through the services is solely at your own risk. Nothing stated, posted, or made available through the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. To the fullest extent permitted by applicable law, we disclaim all responsibility for any loss, injury claim, liability, or damage of any kind resulting from or related to access, use or the unavailability of the content (or any part thereof).

15. Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of the Services. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you will help us in our defence. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

16. We Are Not Responsible For Websites We Link to

Where our Platform contains links to other sites and resources provided by third parties, including the listed Professionals, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information, products or services you may obtain from vesting them.

We have no control over the contents of those sites or resources.

17. User-generated Content Not Approved by Us

Our Platform may include information and materials uploaded or provided to us by other users of our Platform, including our Professionals. This information and these materials have not been verified or approved by us. The views expressed by our users and our Professionals on our Platform do not represent our views or values and are not endorsed by us.

18. You Agree

Not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these Terms.

Not to access without authority, interfere with, damage or disrupt:

any part of our Platform;
any equipment or network on which our Platform is stored;
any software used in the provision of our Platform; or
any equipment or network or software owned or used by any third party.

19. How We May Use Your Personal Information

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

20. Other Important Terms

20.1 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.

20.2 You need our consent to transfer your rights to someone else - You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we consider that the services and digital content that we have agreed to supply – for example as part of a membership or subscription package are personal to you.

20.3 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.

20.4 If a court finds part of this contract illegal, the rest will continue in force - Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.5 Even if we delay in 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.

20.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer - These terms are governed by English law and you can bring legal proceedings in respect of the services or digital content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services or digital content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services or digital content in either the Northern Irish or the English courts.

20.7 Alternative dispute resolution if you are a consumer - Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Details are available on request from us.

20.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business - If you are a business, any dispute or claim arising out of or in connection with a contract between us or its 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.