Terms and Conditions
Account with Us – “Account”
Any person using the site – “User” Users”
Application on the Site – “Application”
Appointment – “Appointment”
Cancellation of appointment – “Cancellation”
Content provided collectively – “Collective Content”
Content provided by a Health Expert – “Health Expert Content”
Feedback – “Feedback“
Fees charged for Appointments – “Appointment Fee”
Health Expert (A person with the required skill and knowledge on a subject) – “ Health Expert”
Site User – “You” “Your” ”Yourself” – This to include any Health Expert
The persons who provide services to the Site – “Service Providers“
Aiverley Limited – “We” “Us” “Our” “Ours”
www.aiverley.com – “Site”
1. Acceptance of Terms and Conditions
2. Changes to the Terms and Conditions
2.1 These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page.
2.2 Each time you access, use or browse the Site, You signify Your acceptance of the then-current Terms.
2.3 Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.
2.4 We may make changes to the Site, content, products, services or features of the Site at any time.
2.5 You understand and agree that We may discontinue or restrict Your use of the Site at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal.
2.6 It is Your responsibility to ensure that Your personal data held on this Site is up to date at all times.
3. Permitted Users of the Site
3.1 The Site, Application and Services are intended solely for persons who are 18 or older.
3.2 Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services You represent and warrant that;
3.2.1 You agree to be bound by these Terms; and
3.2.2 that You are 18 or older and able to form legally binding contracts.
3.3 If You have accessed this site and You are under the age of 18 You must immediately leave the site and must not access the site in the future until You reach the age of 18 unless you are between the ages of 16 – 18 where you may use the site with the express agreement and permission of Your parent or guardian.
4. How the Site, Application and Services Work
4.1 The Site is a platform for Users and Health Experts to connect and schedule Appointments in order to exchange information with leading service providers.
4.2 You may view the Site as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services, You must first register to create an Account (as defined below).
4.3 Our role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, payment integration and call facilitation.
4.4 While We do our best to ensure all meetings are positive and add value, We are not responsible for User or Health Expert Content or any information or advice exchanged between Users and Health Experts during Appointments or otherwise. Please see clauses 16 and 17.
4.5 We verify the credentials of all of Our Health Experts to the best of our ability. You understand and acknowledge that The Health Experts are not employees, agents, contractors, subcontractors or in any way affiliated to Us but are independent Service Providers using the Site, Application and Services to market their expertise to site Users.
4.6 You acknowledge and agree that We are not liable for any loss or damage caused by your reliance on information provided by Health Experts or information contained in Health Expert Content.
4.7 You ( Users, Service Providers and Health Experts ) acknowledge and agree that We offer no guarantee as to the Services received or provided by You. You acknowledge and agree that We have no liability for any loss or damage ( how so ever caused ) caused to You or by You in Your use of this Site.
5.1 Client cancellations
5.1.1. You are welcome to rearrange the video consultation with the Health Expert for another date and time if the booked slot becomes inconvenient for You. You must inform the Health Expert as soon as You know You will be unable to attend. Please be advised, if the conversation between You and the Health Expert has started. We will not be able to refer You to another Health Expert.
5.1.2 You may cancel Your video consultation at any time; however, this will also terminate the current conversation between You and the Health Expert. When a cancellation is requested You will be charged an Admin Fee of £5.00.
The balance paid will be repaid back to the original payment method.
5.2 Health Expert cancellations
5.2.1 If You are unable to attend a video consultation, please make every effort to arrange a new time and date, which is mutually agreeable between You both as soon as possible. Unfortunately, if the conversation has started, We will not be able to refer the client to another Health Expert.
5.2.2. You may cancel Your Video consultation at any time, when a cancellation is requested You will be charged an Admin Fee of £5.00 to be deducted from the following payment cycle.
7. User Conduct
7.1 You acknowledge and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Site, Application, Services and Content. We do not accept any liability, damage or losses, how ever caused by Your use of this Site. Please see clauses 16 and 17.
7.2 In connection with or whilst using Our Site, Application and Services, You may not and You agree that you will not:
7.2.1 violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; or
7.2.2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; or
7.2.3 use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; or
7.2.4 copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; or
7.2.5 infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, patent or contractual rights; or
7.2.6 interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan Horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; or
7.2.7 use Our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
7.2.8 use Our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; “stalk” or harass any other user of Our Site, Application, or Services; or
7.2.9 or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Health Expert; or
7.2.10 register for more than one Aiverley Account or register for a Aiverley Account on behalf of an individual other than Yourself; or
7.2.11 contact a Health Expert for any purpose other than asking a question related to the Services; or
7.2.12 recruit or otherwise solicit any other Health Expert to join third party services or websites that are competitive to Aiverley Limited., without Aiverley Limited., prior agreement and written approval; or
7.2.13 impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or
7.2.14 use automated scripts to collect information or otherwise interact with the Site, Application or Services; or
7.2.15 use the Site, Application and Services to find a Health Expert and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to Us provision of the Services; or
7.2.16 as a Health Expert, submit any false or misleading information, or submit any information with a price that you do not intend to honour or subsequently change; or
7.2.17 post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; or
7.2.18 systematically retrieve data or other content from Our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or
7.2.19 use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Aiverley Limited., name, any Aiverley Limited., trademark, logo or other proprietary information, intellectual property or the layout and design of any page or form contained on a page, without Our express agreement and prior written consent; or
7.2.20 access, tamper with, or use non-public areas of the Site or Application, Our computer systems, or the technical delivery systems of Aiverley Limited., providers; or
7.2.21 attempt to probe, scan, or test the vulnerability of any of Our or network or breach any security or authentication measures; or
7.2.22 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Aiverley Limited., or any of Our providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; or
7.2.23 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; or
7.2.24 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
7.3 We have the right, and intend to do so, to investigate and prosecute violations of any of the above to the fullest extent of the law.
7.4 We will involve and cooperate with law enforcement authorities in prosecuting Users who violate any or part of these Terms.
7.5 You acknowledge that We have no obligation to monitor Your access to or use of the Site, Application, Services or Collective Content or to review or edit any Health Expert Content, but We have the right to do so for the purpose of operating the Site, Applications and Services, to ensure your compliance with these Terms; or
7.5.1 to comply with applicable law or the order or requirement of a court order , court of competent jurisdiction, administrative agency or other governmental body.
7.6 We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content that We, at Our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
8. Appointments and Financial Terms for Users
8.1 You (as a User), not Us, are solely responsible for attending, in the manner agreed, any confirmed Appointments.
8.2 When You to enter into a transaction with a Health Expert by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment will apply.
8.3 You acknowledge and agree that You, not Us , are responsible for performing any and all of the obligations of any such agreements, and We are not a party to such agreements and We have no liability arising from or related to any such agreements.
8.4 You agree to pay Us all Appointment Fees due in connection with any Appointment.
8.5 In order to initiate an Appointment, you acknowledge and agree that We reserve the right, in Our sole discretion, to obtain a pre-authorisation of your credit card or charge your credit card a nominal amount, not to exceed one pound (£1.00), in order that We can verify your credit card.
8.6 At the end of each Appointment, We will process and collect the Appointment Fees payable in accordance with these Terms.
8.7 We do not control any fees that may be charged to a Health Expert by his or her bank related to Our collection of the Appointment Fees, and We disclaim all liability in this regard and You acknowledge and Agree that We have no Liability in this matter .
8.8 In respect of Your payment, You will be required to provide customary billing information such as name, billing address and credit card information either to Us or Our third party payment processor.
8.9 You agree to pay Us for any and all Appointments which take place or are in breach of Our cancellation policy and in accordance with these Terms, by one of the methods described on the Site or Application – ( e.g. by www.stripe.com or paypal.com)
8.10 You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by Us or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.
8.12 Once Your payment transaction is complete you will receive a confirmation email summarising your confirmed Appointment.
9. Dispute Resolution
9.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) shall be submitted to arbitration and will be settled by binding arbitration.
9.2 If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.
9.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR ) will be made and his/her recommendations will be adopted.
9.4 You and Us agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
9.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.
9.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
9.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
9.8 Except as provided in clause 9.4 , this “Dispute Resolution” section will survive any termination of these Terms.
10.2 We confirm that this policy is only in respect of Our website and Our content and no other content or website, even if the content is on Our website or available through Our website.
10.3 You must read this Policy and if You do not agree to its terms You must leave the site and may not use the Services supplied through the Site.
11. Aiverley Limited., Content and Health Expert Content License
11.1 Subject to Your complete compliance with the Terms and Conditions of this Site, We grant You a limited, non-exclusive, non-transferable license, to:
11.1.1 access and view any Our Content solely for Your personal and non-commercial purposes; and
11.1.2 access and view any Health Expert Content to which you are permitted access, solely for Your personal and non-commercial purposes.
11.2 You have no legal rights over this Content and no right to sublicense the license rights granted in this section.
11.3 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.
11.4 No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.
12.1 The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that We are not responsible or liable for:
12.1.1 the availability or accuracy of such websites or resources; or
12.1.2 the content, products, or services on or available from such websites or resources.
12.2 Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources.
12.3 You acknowledge and agree that You have sole responsibility for and assume all risk, including, but not exclusively, any liability, loss, illegality or damage arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
13. Proprietary Rights Notices
13.1 All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designations of Ours used herein are trademarks or registered trademarks of Ours.
13.2 Any other trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs are the trademarks or registered trademarks of their respective parties.
13.3 You may not use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are Ours or belong to any other person without prior written agreement from us ( if they are Ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like.
14. Copyright Policy
14.1 We respect and adhere to copyright law and all Users must also respect and adhere to the same.
14.2 It is Our policy to terminate in appropriate circumstances, and We shall be the arbiter of this opinion, any Accounts of any Users or Health Experts who infringe or are believed or may being going to infringe the rights of any copyright holders.
15. Termination and Aiverley Limited., Account Deactivation
15.1 We may, in our absolute discretion and without liability or notice to You, with or without cause, with or without prior notice and at any time:
15.1.1 terminate these Terms or your access to our Site, Application and Services; and
15.1.2 deactivate or cancel your Aiverley ltd., Account.
15.2 Upon termination We will promptly pay You any amounts We reasonably determine We owe You at entirely our discretion, which We are legally obligated to pay You.
15.3 In the event We terminate these Terms, or Your access to our Site, Application and Services or We deactivate or cancel Your Account with Us You will remain liable for all amounts due hereunder.
15.4 You may cancel Your Account at any time by contacting Us at firstname.lastname@example.org
15.5 If your Aiverley Limited., Account is cancelled, We do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback. Such Content and Feedback shall become and shall remain Our property.
16.1 If You choose to use Our Site, Application or Service, You do so entirely at Your own risk.
16.2 You acknowledge and agree that We do not have any obligations, whatsoever, or under any circumstances, to conduct any checks, including but not exclusively, background checks, on any Health Expert or User of this Site
16.3 We may, entirely at Our sole discretion make such background checks but You agree and acknowledge that the Content, and all of it, is provided on an “as is” basis.
16.4 All of the Content is provided without any warranty of any kind, either expressly or implied and without any limitation.
16.5 We expressly and explicitly disclaim any warranty of merchantability, fitness for any particular purpose, quiet enjoyment or non-infringement or any other such similar matter any warranties arising in the course of dealing or usage of trade.
16.6 We make no warranty that the Site Application or Services collective content, including but not restricted to, any information provided via any appointment will meet Your requirements or will be available or made available in an uninterrupted, secure or error free basis.
16.7 We make no warranty in respect of the quality of any appointment, the truthfulness, completeness or reliability of any collective content obtained through the Site, Application or Service.
16.8 No advice or information, whether either oral or in writing, obtained from Us, Our site, Application or Service or any collective content will create any warranty expressly our otherwise, herein.
17. Your Responsibility to Us, Other Users, Health Experts and Content Providers on the Site.
17.1 You and only You are solely responsible for all and any of Your communications, interactions and any other such thing, with other users of this Site or Services and with any other person You may communicate with or interact with as a result of Your use of the Site, Application and Service.
17.2 You agree and acknowledge that We do not make any attempt, effort or inquiry to verify or find the truth of any users of the Site, Application or Services.
17.3 We do not, under any circumstances, make any representations or warranties as to the conduct of the users of the Site, Application or Services nor their past, present or future compatibility with any past, present, current or future users of the Site.
17.4 You acknowledge and agree to take all and any reasonable precautions with all of Your communications and interactions with all other users of the Site, Applications and Services. This to include but not exclusively Health Experts, this regardless of whether such communications or interactions are organised by Us or others.
18. Limitation of Liability
18.1 To the maximum extent permitted by law You acknowledge and agree that the entire risk arising out of Your access to and use of the Site, Applications, Services, Collective Content or Appointments, or contact with any other users with, to, through the Site or Ours, this whether by phone, online, in person or any other means is Yours entirely and remains with You at all times, both , before, during and after such risk may apply.
18.2 Neither Us nor any other party involved in the creation, production, or delivery of the Site, Application, Services or Collective Content will be liable, in any way, for any incidental, special, exemplary, legal ( reasonable costs ) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of Data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Applications, Services or Collective Content this also from any communications, interactions or meetings with other users of the Site, Applications or Services, or other persons with whom You communicate or interact with as a result of Your use of the Site Applications or Services. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these terms has failed or could fail, because of essential purpose.
18.3 In the circumstances or event Our aggregate liability arising out of or in connection with these Terms and Your use of the Site, Application or Services, this to include, but not limited to, Your use of bookings of any Appointment through the Site, Applications or Services, or from Your use or inability to use the Site, Applications, Services or Collective Content with any other Health Experts or other users, exceed the amounts You have paid or owe for appointments made through the Site, Application or Services as a Health Expert or Use on the site in the twelve (12) month period prior to the event giving rise to the liability or one hundred pounds (£100).
18.4 In respect of clause 18.3 and the sums detailed, if no such payments have been made, as applicable, the limitations of damages set forth in clause 18.3 are fundamental elements of the basis of the bargain between Us and You.
18.5 Certain Jurisdictions clauses 18.3 and 4 may not apply.
19.1 You agree to release, indemnify, and hold Us and Our, contractors, sub-contractor, affiliates and subsidiaries and agents and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with;
19.1.1 Your access to or use of the Site, Application, Services, or Collective Content or Your violation of any of these Terms; (a) Your expert Content and (b) Your (c) interaction with any expert; and/or
19.1.2 any reliance on any information exchanged through the Site, Application or Services; and/or
19.1.3 any account creation We shall have the right to control and agree or otherwise all defend and settle all actions.
20 Restricted Countries and Export Controls
20.1 You may not export, re-export, import or transfer the application except as authorised under the Laws of England and Wales. The laws of the jurisdiction in which You obtained the Application and any other applicable laws. .
20.2 The Application, most particularity may not be exported or re-exported to :-
20.2.1 any countries which are held under embargo by the United Kingdom ;or
20.2.2 to any person on the U.S. treasury department’s list of specially designated nations is or the U.S. Department of Commerce denied persons list or entity list.
20.3 Your use of this Site, Applications and Services, You warrant that You are:-
20.3.1 are not located in a country that is subject to U.S. Government embargo; or
20.3.2 You are not in a country that the U.S, Government has designated as a “terrorist” supporting country; and
20.3.3 You are not listed on any U.S. Government of prohibited or restricted parties.
20.4 You will also not use this Site, Application or Services for any purpose prohibited by U.S. Law, this includes the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
20.5 We do not permit persons access to the site who are associated with certain countries due to U.S. embargo restrictions.
20.6 If You feel or believe any user/users are acting inappropriately this to include such actions as but not limited too, any person who:-
20.6.1 engages in offensive, violent or sexually inappropriate behaviour; or
20.6.2 any person who engages in any disturbing conduct;
20.6.3 You should immediately report such people to the appropriate authorities and to Us.
21.1 You hereby acknowledge and agree that you will covenant that during the term of this Agreement that you will not divert any business of Ours, whether or not introduced to You directly or indirectly through the Site, to any other entity, this to include but not exclusively to Your own separate business or that of any other such person.
21.2 You hereby acknowledge and agree that You covenant, not to solicit or attempt to solicit, interfere or canvas any clients or Independent Health Experts of Ours, whether they where introduced directly or indirectly to You through Us or this Site.
21.3 You hereby acknowledge and agree that the obligations provided in this clause are necessary and reasonable in order to protect Us and You expressly agree that monetary damages would be adequate to compensate Us for any breach by You of the covenants and agreements set forth herein.
21.4 You hereby acknowledge and agree that should you breach clauses 20.1 and 20.2 you shall pay a penalty in a sum of £5000.00.
22. Law and Jurisdiction
22.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.
22.2 You acknowledge and agree that You will submit to the exclusive jurisdiction of the Courts of England and Wales.
1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
1. Important information and who we are
This website is not intended for children, those under the age of 16, and we do not knowingly collect data relating to children. If as a parent or guardian, you are aware that your child has visited this site please contact us.
Email address: dpo[at]aiverley [.]com
Postal address: Aiverley Limited, Dalton place, 29 John Dalton Street, Manchester M2 6DS.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. It is your responsibility to do so.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact data includes billing address, delivery address, email address and telephone numbers.
Financial data includes bank account and payment card details. We do not store any credit card or bank information.
Transaction data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage data includes information about how you use our website, products and services.
Marketing and communications data included your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
Apply for our products or services;
Create an account on our website;
Subscribe to our service or publications;
Request marketing to be sent to you;
Enter a competition, promotion or survey; or
Give us feedback or contact us.
Automated technologies or interactions. As you interact with our website we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies. You may turn off this service in respect of cookies by not agreeing to them. This may prevent you accessing some of our services
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical data from the following parties:
- Analytics providers such as google based outside the EU;
- Advertising networks based inside the EU; and
- Search information providers based inside the EU.
- Contact, financial and transaction data from providers of technical, payment and delivery services.
- Identity and contact data from data brokers or aggregators based inside the EU.
- Identity and contact data from publicly available sources such as companies house and the electoral register based inside the EU.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract, we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.
To protect our rights and our property
We will request your consent but do not need it as a legal basis for processing your personal data although we will always get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below:
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer|
|Performance of a contract with you|
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services
|To enable you to partake in a prize draw, competition or complete a survey|
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or|
understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing,|
customer relationships and experiences
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you|
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
Marketing and promotional offers from us
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. You may opt out at any time.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table purposes for which we will use your personal data above.
Internal third parties as set out in the glossary.
External third parties as set out in the glossary.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws ( general data protection regulations ) in relation to your personal data. Specifically, you have the right to:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External third parties
Service providers acting as processors based in the United Kingdom who provide it and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
Hm revenue & customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
Your legal rights
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. We ask that you update us with any changes to your personal information.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy.
Where our use of the data is unlawful, but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
1.1 These Terms will preside over Your use of the site and You are bound by them during Your time on the site, resources and services provided by it and any access to the web-site.
1.3 When You use the site You will be asked to confirm You have read and understood these Terms having clicked your agreement You are then legally bound by them, whether a visitor or as a registered user.
1.4 By using the website you represent and warrant that you are a legal person, over the age of 18 and are entitled to use the site. If you do not meet these criteria you must leave the site immediately unless and including those who are between the ages of 16 to 18 and you have the express permission of Your Parent or legal Guardian. Any persons un-der the age of 16 may not use this web site.
1.6 The use of this web site is also subject to Our Terms and Conditions please read them carefully as You are deemed to have read, understood and agreed to its content by your continued use of this website. They can be seen on our site www.aiverley.com then click onto Terms and Conditions.
2. Our Website and its content and Your use of it.
2.1 All images and articles on this site will be credited to the original author if it is not our-selves, ( which will also be noted ) no copying of any sort of any of the images or content is permitted.
2.2 The images and content are fully protected under copyright laws and may have proprietary rights attached to them. Such proprietary rights may be but not exclusively Intellectual Property Rights.
2.3 Should you breach in any way these rights by reproducing, copying or in any other such way We will prosecute to the fullest extent of the law on behalf of ourselves and Our suppliers and others.
2.4 Your access and use of this website the content and resources offered on the site, including any resources and use, that You may make use of are done so strictly in accordance with these Terms and Conditions of use.
2.5 You will not during your use of this site, this to include its content and the resources offered and made available by it use, use such content and resources for any purpose other than Your own personal, private use and not for any form of outside commercial use or for the benefit of any third party other than Your own private use.
2.6 You will not use this site including its contents and the resources offered by it for any unlawful or prohibited purpose.
2.7 You will not in respect of the content and the resources available on the site reverse engineer, transfer or participate in the transfer, modify, publish or copy, or in any other such way exploit commercially the content or resources other than permitted by these terms.
2.8 This website may provide as a service links to various other websites which in Our reasonable opinion may be of interest to You. These websites their content and re-sources are not affiliated, associated with or any part of this website and we have no liability or responsibility for any of the content or resources shown or offered on them whatsoever.
2.9 You agree and acknowledge that any liability, losses or damage, suffered either directly or indirectly by Your use of this site is not Our responsibility howsoever they arose.
2.10 In reproducing any part ( which is allowed as only under this clause ) You must not give belief to the content nor indicate any form of endorsement of the content or your self by us.
2.11 In granting these rights You do not have nor do We grant any rights to breach any patents, copyrights or intellectual copy rights held. You must confirm for yourself the position prior to any content use. You and only You will be liable for any such breach or breaches. Neither do these rights allow the republication of any content or images which We may not be the copyright, agent or Intellectual Property Right holder of this unless and where we grant a specific right to do so.
2.12 In using the site You acknowledge and agree that You will not in any way defame, abuse, stalk or harass or otherwise violate any or all legal rights of any other such person using or published on the site.
2.13 We reserve the right to terminate at any time anyone whom We deem is abusing the use of the site in any way or for any reason without prior notice. To the person whom we deem should be terminated from the site there will be no right of appeal Our decision is final and unappealable.
2.15 Unless otherwise allowed by the terms of this site, this in reference to the subscription service where certain down loadable may be agreed, all other copying, rewriting, modification, publication or any other such matters of the content this to include removal or alteration are strictly forbidden and in breach of these Terms. Any such breach will be considered to be a material breach.
3. Guarantee of accuracy.
3.1 You understand and agree that www.aiverley.com is a social and personal health based website. It is intended to provide general information and make available health related content and services.
3.2 The information on this site, could contain errors or inaccuracies and it is Your sole responsibility to confirm or otherwise the truth of the content on the site. We do not accept any responsibility nor offer any warranty as to the accuracy, content or the reliability of the information contained within the site.
3.3 We exclude all and any liability in respect of the content and its inaccuracy or errors contained on the site and You acknowledge and agree to this term expressly.
3.4 In following any of the content of this site you fully understand that any results of taking actions that are set forth on this site are as a result of your own efforts. Your position and situation and many other factors are beyond the knowledge and/or control of Us.
3.5 You acknowledge and agree that others may attest to different results as your own and that there is no guarantee given as to whether or not you can or will obtain those or similar results.
4. Warranties and liabilities.
4.1 We do not warrant the performance of the website, nor its operation.
4.2 We do not warrant in any way any of the content neither expressly or implied as to its information, accuracy, or the materials or content. This to the fullest extent permissible by the law.
4.3 Whilst We provide, through a user name and email registration scheme, resources from the site you agree and acknowledge you have no-rights in respect of those re-sources, neither to reproduce, modify, alter, edit or in any way exploit the content or in any other ways other than for the purpose for which it is intended and detailed on the Site.
4.4 You agree and acknowledge that any of the content and resources offered to You by the site may only be used by You and only for personal use and no other such use of them is permitted.
4.5 The content provided on the website is on an “as is” basis only. We shall not be held responsible for Your use of the information. Use of the site is at your own discretion. We will not be held responsible for any complaints in respect of the resources or content provided, whether used by You or added to any other site ( this to include any social media or a personal site ).
4.6 You agree to waive, fully any liability or loss ( howsoever caused ) that you may or any persons who may be associated with you may have suffered as a result of Your use of this site. This to include but not exclusively the use of any information or the use of any resources contained on the website.
4.7 You acknowledge and agree that the company shall not have any liability for all and any type of damages how so ever they arose to include but not exclusively incidental, direct or indirect, equitable, consequential, special or any other such type for You or any associated persons use of the site.
5. Affiliated Links on the site.
5.1 We may post affiliated links on Our web site.
5.2 In placing affiliated links on Our site We confirm that We may earn commissions on qualifying purchases. Such links and their use of them may be limited to certain parameters such as geographical areas or other such restrictions.
5.3 Any denial of use is not Our responsibility and you must look up the terms of the programme through the link.
6.Illegal use of or inappropriate comment on the site.
6.1 You may not take any action which may cause the site to overload, interfere with the proper use and working of the site attempt to circumvent the access system of the site or use a password or user name which does not belong to you.
6.3 If there is the facility on the site to make comment or discuss the content we have set out below the guidelines for the use of this facility. In using the site you are bound by these terms and these guidelines;
6.3.1. You are solely responsible for the content of any comment You make.
6.3.2. We cannot guarantee the accuracy or reliability of the content of any comment made.
6.3.3. We bear no responsibility for the content, quality, legality, nature or any other such matter of any post to this website.
6.3.4. You acknowledge and agree that You will only post comment that is true and does not breach any know laws or regulations.
6.3.5. Any comment which is considered by Us to be unfounded or in any way libellous will be removed from the site it is Your absolute responsibility to ensure that any comment made is true and honest.
6.3.6. You must make any comments under Your own name and not the name of any other person.
6.3.7. If you post any personal information on a comment this is Your own responsibility and not that of the company or any other person.
6.3.8. You must not post any personal attacks, defamatory, insulting or racists remarks. We reserve the right to delete or modify any posts which are in breach of any of the terms and guidelines of this site without reference to you. Though We are under no obligation to review any comments posted.
7. Changes to the website its content and Terms.
7.1 We reserve the right to change the Terms and Conditions of the use of this website at any time without notice to You.
7.2 We will post any changes on the site and it is Your responsibility when You use the site to ensure You read and regularly appraise Yourself of the Terms and Conditions.
7.3. You must also ensure that your details as contained on the site are up to date at all times. This is Your responsibility.
7.4 If a change to the website Terms and Conditions is considered to be material its effect will only be implemented after thirty (30) days from the date it was posted on the site, any other changes will have immediate effect.
8. General terms.
8.2 The use of this website and to any documents to which it refers, including these Terms and Conditions is to be considered the entire agreement any failure to enforce the Terms of this agreement by us cannot be construed as a waiver of any of the Terms of this agreement either now or in the future.
8.3 If any of these Terms are adjudged to be void, invalid or otherwise unenforceable by any court of competent jurisdiction such determination shall not affect any other part of the Terms and Conditions herein contained and they will continue to apply.
9. The Laws and jurisdiction which govern this agreement.
9.2 You agree that all and any proceedings connected with this agreement shall be dealt with exclusively by the Courts of England and Wales.
The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union. The GDPR aims primarily to give control back to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. When the GDPR takes effect, it will replace the 1995 Data Protection Directive. GDPR becomes enforceable from 25 May 2018.