Terms and Conditions | Alva Health

Alva Platform Terms and Conditions

Welcome to Alva, the digital health platform for menopausal women. Before you start using our platform we have to set out the rules which will govern Alva’s relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at [email protected].

Section 1 - About us and these terms

THESE TERMS

In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Website, which means all our sites located at or accessible through withalva.com and any Mobile or Web Application, which may be accessible via our Website on desktop and mobile devices, together as our Platform. References to our Website include our owned sites, but do not include links to third-party sites, such as the sites of our partners.

These Terms govern your relationship with us when you access our Platform and once you start using our Platform you are taken to have understood and accepted them. These Terms will form a binding agreement between you and us so please read them carefully.

With Alva, we will refer to each person who is accessing our Platform in any way (which includes taking our online menopause consultation (our Menopause Consultation)), as a User. Any User who purchases medication (or any other available items) through our Platform is a Customer. Alva partners with a pharmacy, Truepill UK (our Pharmacy Partner) to prescribe and dispense medication to Customers. Our Pharmacy Partner’s terms are set out below (the Pharmacy Partner Terms) and apply to all prescriptions and dispensing of medication to Customers by our Pharmacy Partner. When you are a Customer and you purchase medication using the Alva Platform, you are agreeing and consenting to the Partner Pharmacy Terms. We may also give Users the option to discuss getting HRT with a licenced medical practitioner to discuss your medication (a Doctor) after taking our Menopause Consultation. You understand that Alva is legally separate from our Pharmacy Partner and all Doctors and are not responsible for their services or advice to you. This means that queries, complaints and/or disputes relating to the Platform must be directed only to us, and that queries, complaints and/or disputes relating to prescriptions or dispensing of medication must be directed only to our Pharmacy Partner directly and/or matters relating to a consultation with a Doctor must be directed only to the relevant Doctor. If disputes relating to consultations with Doctors, prescriptions or dispensing of medication are directed to Alva, we will connect you directly to the relevant Doctor or our Pharmacy Partner as applicable. Any form of consultation with a Doctor or a pharmacist from our Pharmacy Partner is a consultation with them, and not Alva. Our Pharmacy Partner can be contacted at [email protected].

WHO WE ARE

We are Alva Health Limited, trading in the United Kingdom as Alva, a company incorporated and registered in England and Wales with company number 12382322. Our registered office is at The Fisheries, 1 Mentmore Terrace, Hackney, London E8 3PN (referred to as Alva, we, our and us). Thank you for using our service.

OTHER APPLICABLE TERMS

These Terms also include our privacy policy (the Privacy Policy). You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you via the Platform. Any disclaimers shown on our Platform are also to be read in conjunction with these Terms, and in case of any conflict with them, such disclaimers will take priority.

CHANGES TO THESE TERMS

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let account holders know what these significant changes are and you may contact us at [email protected] if you have queries regarding these significant changes. By continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them so please check them from time to time.

Section 2 - the Platform

Our Platform is structured so that you are able to access it via an internet connection on any compatible device of your choosing, whether on desktop, mobile or tablet. Our Platform will not be accessible or continue to work offline. Our Platform may be used to:

learn about what Alva offers for menopausal women through the various pages of our Website.
view and engage with our Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you, such as material relating to our Pharmacy Partner). Our Content includes (without limitation) our collection of women’s stories of menopause, educational and informational content, any blog posts or newsletters, and our general library of content available through our Platform from time to time. Content is accessed for informational and educational purposes only. Some Content is free to access without an Account, and other Content may require you to set up an Account and/or pay a fee to access.
access links to other parts of our Platform and third party sites (such as our accounts on social media sites). sign up and create a personal account (Account), upload personal information to it and edit that information in future.
once you have created an Account, access and complete our Menopause Consultation service (as further detailed below).
become a Customer, after having taken a Menopause Consultation, by accessing prescriptions and medications through our Pharmacy Partner.
book a call with a Doctor to discuss HRT after having taken a Menopause Consultation. sign up to online community events to help educate women on menopause, which we hold directly, or which we are associated with.
receive notifications via push notifications, emails, SMS and when using the Platform. These messages may include information about your Account, Content, the Alva community, and general product information. You can control your preferences from your settings in your account details page or by communicating with us directly if you are unable to change your settings.
subscribe to our newsletter.
connect to third party sites linked on our Platform, such as our social media channels like Facebook and Instagram.
access customer support from our support team.
access our legal and data protection policies.

Please refer to our privacy policy for more information on how we process your personal data.

The lists above are not necessarily a complete list of the functions of the Platform and its various aspects, and we may decide to offer additional functions, or stop providing any Platform functions, at any time.

ALVA AND OUR RELATIONSHIP WITH THIRD PARTIES

Our digital health Platform for menopausal women exists to provide women with access to information, assessment and treatment for perimenopause and menopause. Lack of awareness of menopause and it’s symptoms leads to barriers to accessing the care and services women need. These barriers then lead to poor adoption of effective, evidence-based treatments. Alva’s platform has been designed to address these problems, and support women through their entire journey through menopause. We connect women with Doctors to give our Users an opportunity to openly discuss HRT with a licenced professional before ordering a prescription. Our Pharmacy Partner exists (in the context of Alva) as a pharmacy to prescribe and dispense pharmaceutical medications to Customers. OUR PARTNER PHARMACY

Whilst Alva provides a Platform to take a Menopause Consultation and view possible treatment options, as well as for education and community engagement around menopause, Alva is not itself a pharmacy and does not prescribe or dispense pharmaceutical goods and/or medications. Subject to any stated refund obligations), we may not be held liable or responsible for their delivery, quality, suitability for your symptom(s) or condition(s), conformity to expected specifications, effects (or lack thereof), or anything directly linked to your ordering and receipt of such medications. You must refer to the Pharmacy Partner Terms to establish your rights for this. When Customers obtain medication using the Alva Platform, all prescription and fulfilment aspects come from our Pharmacy Partner, which is directly responsible in accordance with the Pharmacy Partner Terms for (a) ensuring fulfilment of any given order, and (b) the medications which are dispensed to Customers (including where there is any defect, problem or abnormality of any nature with them). Our role in prescribing and dispensing medications is limited to what is set out in these Terms and anything beyond these obligations is beyond our reasonable control and will never be due to our fault or negligence – for example, we do not directly contract or employ pharmacists, or control their supply chains or inventory of medications. All Users understand that Alva is not responsible or able to verify all orders from Customers through the Pharmacy Partner. OUR NETWORK OF DOCTORS

Further, we work with a network of Doctors, so that our Users have an opportunity to discuss HRT with a licenced professional before ordering a prescription.

Alva is not itself a medical clinic or doctor, and all Doctors in our network are independent medical practitioners or part of independent (of Alva) medical clinics. As such, we may not be held liable or responsible for anything which takes place during a consultation with a Doctor, including without limitation any advice provided in respect of HRT or prescriptions ultimately issued.

Our role with respect to any User and their consultations with or other interactions or outcomes with a Doctor is limited to our role in making the connection between Users and Doctors and working with our Pharmacy Partner as set out above to fulfil any prescriptions, to the extent the Doctor has issued them. Anything beyond this is beyond our reasonable control and will never be due to our fault or negligence – for example, we do not employ Doctors or participate in appointments with them. All Users understand that Alva and Doctors are distinct, and Alva is not responsible for observing medical consultations with Doctors or verifying any prescriptions issued by the Doctor.

GENERAL

If you have any issues with any advice, prescriptions or medications you have received, then you must direct your enquiries to the applicable Doctor or our Pharmacy Partner respectively in accordance with the Pharmacy Partner Terms their respective terms. We may be able to respond to your queries if you ask us directly first, but our only action will be to contact and refer you to the relevant Doctor or our Pharmacy Partner. In this respect, we are an intermediary between you and your doctor and/or pharmacy, and you understand that for these purposes, you form a direct legal relationship with the Doctor and/or Pharmacy Partner which Alva is not a party to, with respect to your medical advice, prescriptions, their fulfilment and liabilities which may arise as a result of them.

Procedures for complaints are clearly set out in these Terms or stated clearly on our Website. If Users wish to make claims of any nature or any form of claim beyond the remit of the Alva complaints system, then any such claim must be made off the Platform with the applicable third party (including our Pharmacy Partner).

You can find Alva's Partner Pharmacy Terms here.

Section 3 - Registration

To use and fully access the Platform (other than what is available on the Platform before being prompted to create an Account), you will have to sign up to create an Account. Users can create an account following the instructions shown and by providing at least the following details, along with any other personal information requested from you at the point of registration: email, full name, contact phone number, secure password and date of birth. Retention of your Account is conditional on continuously complying with the requirements of these Terms on an ongoing basis. You must be at least 18 years old to access our Platform.

We reserve the right at our sole discretion to temporarily or permanently remove your Account from the Platform if we believe it is appropriate or necessary to do so (for example if we suspect or identify that you are in breach of these Terms, such as if you are not at least 18 years of age).

All Users must provide truthful and accurate information when registering with us, in particular to enable us to provide suitable suggestions to you and to enable our Pharmacy Partner to safely issue prescriptions to you. We may independently verify your identity or other information provided. By registering with us, you agree (i) any appointed third party and/or any of their appointed agents can carry out all necessary searches to verify your information and you consent to them accessing your personal information in this way, and (ii) that you confirm to the best of your knowledge having exercised all due skill and care that the information you provide to us is true and correct.

Any incorrect or untruthful information provided may result in temporary or permanent expulsion from our Platform, along with any other legal rights available to Alva in accordance with these Terms and applicable law (including where you have used a false or hidden identity to fraudulently access our Platform and our copyright). We reserve the right to take any action necessary with respect to your access to the Platform as a result, including reporting you to relevant authorities or making a claim against you in certain severe situations.

Alva is responsible for keeping your account data secure, and we comply with our legal obligations to do so as set out in our Privacy Policy which you can access here. However, you are responsible for looking after the security of your Account information (including your password) at all times and making sure that nobody other than you uses or accesses your Account. Please immediately notify us of any unauthorised use of your Account or any other breach of security relating to the Platform. We are not responsible for any loss or damage caused by the disclosure of your Account details to someone else, whether to you or any other User interacting with you via the Platform. You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

You must not register more than once.

Section 4 - Menopause Consultations and Partner Pharmacy Prescriptions

MENOPAUSE CONSULTATIONS

Once you have set up an Account, and provided you are eligible you will be able to access our online Menopause Consultation, which has been designed by the Alva team which includes clinicians and clinical advisors. You must be aged 40-60 years old and be a woman as defined by having been assigned the female sex at birth to be eligible to take our Menopause Consultation. While we support and respect people's right to choose their own identity, and are working to make our service more inclusive to a broader age range, we have to set these limits for clinical safety and to adhere to clinical guidelines.

The Menopause Consultation will require Users to provide information about their medical history, current symptoms, family history, and lifestyle, and the results of the Menopause Consultation are provided on the basis of our proprietary algorithms which will assess matters such as the possible cause(s) of symptoms, suitability for HRT and the most suitable HRT options if so. All Users consent to the processing of all information provided in accordance with our Privacy Policy.

The purposes of this Menopause Consultation is to enable women to:

get an assessment of their menopause status (e.g. are you perimenopausal, post menopausal, or not menopausal).
understand if their symptoms are more likely to be from causes other than menopause.
understand whether Hormone Replacement Therapy (HRT) is a suitable treatment option for them.
understand the lowest risk forms of HRT personalised to them.
understand other options for treating their menopause symptoms (e.g. lifestyle changes, diet changes).

Any use of the Menopause Consultation for any other purpose, including theft of our proprietary information, is strictly prohibited and will be actionable under applicable law. Menopause Consultations for different Users may serve different purposes and we do not guarantee any type of results, or that results will be conclusive, comprehensive or give a clear or obvious indication as to appropriate next steps for the particular individual. The results may provide some suggestions and ideas to improve symptoms, but all Users take responsibility to verify and cross-check their own symptoms against the results of the Menopause Consultation, and seek advice of a doctor where it would be sensible to do so. In some situations, we may suggest you seek support from a medical professional, but we may not always do so or be able to do so. For example, if your symptoms may not be due to menopause, our consultation may direct you to see a doctor as our consultation is only clinically validated to assess menopause symptoms.

Please note that as part of this process, we will require you to upload a photo ID to check that it aligns with the details shared in the Menopause Consultation (such as name and date of birth), to confirm you are who you say you are. We cannot be held responsible in any way where a User has falsified an ID, and any attempt to use a falsified ID is a material breach of these Terms, and may be reported to relevant authorities as an act of fraud.

PHARMACY PARTNER PRESCRIPTIONS

If the Menopause Consultation determines that the applicable User is a suitable candidate for HRT, then she will be able to purchase a prescription through the Platform for one of the suggested medications. Once a purchase has been processed through the Platform, we then share the applicable Customer and purchase data with our Pharmacy Partner. Our Pharmacy Partner will then review the User’s Menopause Consultation responses and results, and if it approves the prescription of the suggested medication on the basis of the information provided, then it will issue the prescription, and dispense and deliver the medication to the Customer’s nominated address. Please note that our Pharmacy Partner retains full professional discretion as to whether to create a prescription in any given circumstance, and if it determines that you should not receive a particular prescription which you have purchased, then you will be refunded for the relevant purchase. In such instances, our Pharmacy Partner will endeavour to provide reasoning and an alternative solution (which may include speaking to your doctor). Alternatively, a pharmacist from our Pharmacy Provider may get in touch to get more information from you. Please note you have not received a prescription until confirmed and approved through a pharmacist on behalf of our Pharmacy Partner. In all cases, pharmacists from our Pharmacy Partner hold the ultimate decision-making power to prescribe or not and they retain discretion in all cases to reject a prescription in their clinical judgment.

The Menopause Consultation, whilst designed by clinicians, is generic in nature and does not have your exhaustive medical records or history at its disposal when producing results. Therefore, it must not be used as a replacement or substitute for formal medical diagnosis or personal medical advice from your own doctor. You understand that the information contained in the results of a Menopause Consultation does not constitute medical advice and you will not rely on it as such. Where you do choose to access medications through Alva and our Pharmacy Partner, you agree that you have made your own decisions to do so, and where required, have the approval of your doctor to do so. You agree you are responsible for making your doctor aware of any new medications which you have been prescribed or have taken.

You promise that you will only provide truthful and accurate information in good faith in all Menopause Consultations, and any failure to do so (whether intentional or not) will impact the effectiveness and/or appropriateness of your results, and the suitability or safety of any prescription made out to you by our Pharmacy Partner. We are not responsible for consequences of you providing untruthful or inaccurate information and we will accept the information you provide “as is” and will be under no obligation to check or verify it (including in respect of ID documents). If you are uncertain about your responses to questions during the Menopause Consultation, then you may reach out to us for support or clarification, although if it relates to your personal medical condition then we will recommend that you contact your doctor.

Your further promise that you will only seek to obtain one prescription for the same medication at any one time and never seek to obtain medication for anyone but yourself (unless you are legally authorised to do so and you have explained this to us), or for amounts in excess of recommended or permitted dosages. As such, if you have purchased an order in accordance with section 5 and cancelled it, you may not place a new order for the same prescription within the same 3-month period and must wait until that period has expired. DISCUSSING HRT WITH A DOCTOR

After completing a Menopause Consultation, Users may be given the option to book a call (a video consultation or traditional phone call) with a Doctor to discuss getting HRT. Users can register and confirm a booking for a consultation with a Doctor following the instructions on the Platform with support of Alva’s team to coordinate available timings.

If you have made a consultation booking with a Doctor and cancel it 48 hours or less prior to the consultation, we reserve the right to charge you an administration fee of £50 for the missed appointment.

If following a call with a Doctor, the Doctor has recommended and issued a prescription for HRT, the prescription will be sent to Alva, and you will be redirected to our Platform to confirm your purchase and proceed with obtaining your prescription as set out above through our Pharmacy Partner.

When you make the booking with a Doctor, you are agreeing that Alva may share all data and information from your Menopause Consultation with the Doctor, who will keep your personal information safe in accordance with their own data protection policies and procedures and code of ethics. You understand that Doctors, in accordance with their standard practices, may be required to retain patient medical records from your referral to and appointment with them for 7 years.

Section 5 - Purchases and payments

Once you have completed the Menopause Consultation, you will be provided with suggestions in your results which may include suggested medications (amongst other suggestions, e.g. relating to lifestyle) and you may be given the option to book a consultation with a Doctor who can issue you with a prescription for medication. If you wish to purchase these medications, then you can purchase them via the Platform from our Pharmacy Partner, which will be responsible in accordance with the Pharmacy Partner Terms for (a) reviewing and confirming that the selected medications are suitable for you based on the information you have provided, and (b) fulfilment of your order, including sourcing the medication and dispensing it you. All prescription medications will either be (a) systemic HRT (oestrogen only, and combined), or (b) local vaginal oestrogen cream. If we enable you to purchase non-prescription medication without having taken the Menopause Consultation, then you will also be purchasing this from the Pharmacy Partner and the Pharmacy Partner Terms will apply to all such purchases. If you wish to book a consultation with a Doctor before purchasing medication, then any prescription issued to you by the Doctor will be delivered to Alva, and you will be able to purchase the relevant medications through the Platform, subject to availability.

Medications can be purchased in 3-monthly packages. Orders will not auto-renew. If you want to renew your order, then you will need to (i) confirm that the information we hold for you is still accurate and respond to any questions provided (for example to confirm no side effects, allergies, or changes in medication), and (ii) re-purchase your medication. You agree that we may contact you to process order renewals and that you must notify us if there have been relevant changes to your medication or personal circumstances since purchasing your last order.

The total price of medications will be shown on the Platform prior to confirming your purchase, inclusive of postage costs, but excluding VAT (unless stated otherwise). Once you have confirmed your purchase, your payment will be processed through our third-party payments provider and held there until your medications have been dispatched to you subject to completion of our Pharmacy Partner’s prescription approval process . Once the medication has been dispatched, the applicable fees will be non-refundable, except where you have received the wrong items. You are entitled to exercise your rights to cancel and receive a full refund at any time up to before your purchased items have been dispatched to you (except in circumstances where you have received your prescription by a Doctor and we are holding your deposit – in such cases, you may not be entitled to a refund after you have confirmed your order). You will not be entitled to a refund where you feel the medication has not had the desired effects, or where you have opened or otherwise used them. We will seek to process refunds within a reasonable period from when they become due, although provide no guarantees over exact timings.

Prior to making your first purchase through the Platform, we need to verify each User’s identity at least once. This ensures that our Pharmacy Partner is able to send medication to the right person. We take the proof of ID after payment has been processed (but not yet released to us), and store it securely on our servers, and we do not share this with our Pharmacy Partner. Payment will not be released until a User’s ID is approved. Customers will not be charged fees for unless expressly and explicitly agreed and communicated. All payments will be made using our third-party payments provider Stripe (the Payment Service). You may use all major debit and credit cards, Apple Pay and Google Pay wallet payments and PayPal on the Payment Service, provided these payment methods are accepted through the Payment Service. When making a payment through the Payment Service, you will be subject to the Payment Service’s separate terms and conditions. We may only accept payments from UK sources where final delivery of any agreed medications is to a UK location, unless explicitly agreed otherwise.

Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.

PROMOTIONS AND PROMOTIONAL CODES

We may from time to time provide certain promotional codes, for example as one-off promotions or as part of a loyalty programme. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.

Alva reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotion or promotional code by you or any other User if we believe that the use or redemption of a promotion or promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms. Where a promotion or promotional code includes a free-trial period, then your nominated account will be charged commencing from the first day after the expiry of the free-trial period.

Section 6 - Your Responsibilities

Aside from all other aspects of these terms, you accept and acknowledge all of the below responsibilities as an Alva User, and understand that Alva will be in no way responsible where you have not fully upheld your own responsibilities. Each of the following is your sole and personal responsibility:

You are responsible for all information which you provide to us at all times, including without limitation when creating an Account, verifying your identity, taking a Menopause Consultation, making any purchases, giving us any information about your medical conditions, history or status, telling us about your medications, or generally interacting with us or any other Users.
You are responsible for informing us if any information which you have provided to us has changed or is no longer accurate. In particular (but not exclusively), this applies to any form of medical information (for example which impacts the results of a Menopause Consultation or your suitability for particular medications).
If you fail to provide truthful and accurate information and keep us up to date then you could be putting your health at risk. please contact as through [email protected] if you need to provide us with updated information.
You are responsible for reading and being familiar with our Pharmacy Partner Terms before accepting any prescription from them or taking any medication as a result, or when interacting with any pharmacist they assign to you.
You are responsible for keeping your Account safe and notifying us if you think your Account has been accessed or used without your permission, and if it has, checking all your information remains accurate. You understand the Platform and its features are for your personal use only and that you must now allow someone else to use it on your behalf without our express consent, and you must not use the Platform or any Content or any aspect of it for non-personal or commercial use, or any other purpose other than for which it is intended.
You are responsible for managing your own medications, reading the instructions and patient information thoroughly and carefully with each medication before using it, monitoring medication dosages and applications, and seeking support from a medical professional where you are unsure of anything related to any medication (in particular where you need to use medical devices).
You are responsible for updating your doctor about the medications you have been prescribed by our Pharmacy Partner and have accessed through the Platform, and ensuring you have their approval to take any such medications.
You are responsible for acting in good faith when using the Platform and never circumventing these Terms to try and access more medications or prescriptions from our Pharmacy Partner than you are entitled to or is safe.
You are responsible for being familiar with these Terms (including but not limited to all Platform and User Content Licence Restrictions and all Acceptable Use Restrictions) and ensure you are complying with them, on the understanding that you become personally liable if you agree to these terms and then breach them.

Section 7 - Legal Terms

PLATFORM AND USER CONTENT LICENCE RESTRICTIONS

Except as expressly allowed in these Terms, you may not:

copy the Platform or User Content (defined below); transfer any part of the Platform or User Content to anyone else, except where we make possible and encourage sharing;
sub-license or otherwise make the Platform or User Content available in whole or in part (and whether in object or source code form) to any person;
make any alterations to, or modifications of, the Platform or User Content; or
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or User Content or attempt to do so,

(together the Platform and User Content Licence Restrictions)

ACCEPTABLE USE RESTRICTIONS

You may use the Platform or otherwise enjoy Alva’s offering only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:

use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; use, share, or otherwise exploit the Platform for any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
reproduce, duplicate, copy, share, or re-sell any part of the Platform in contravention of these Terms; use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
use the Platform in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, Alva staff member or other person associated with our service including our Pharmacy Partner or any doctor;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform;
say anything or take any action which discriminates against any other person when enjoying Alva’s services; or
access without authority, interfere with, damage or disrupt (a) any part of the Platform; (b) any equipment or network on which the Platform is stored; (c) any software used in the provision of any part of the Platform; or (d) any equipment, network or software owned or used by any third party,

(together the Acceptable Use Restrictions).

TERMINATION OF YOUR RIGHTS

We may end or suspend your rights under these Terms immediately and without notice if:

you have breached any of the Platform and User Content Licence Restrictions or Acceptable Use Restrictions;
we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
you are otherwise in breach of these Terms.

If we end your rights under these Terms:

you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so;
you must immediately settle any debts due to us or any other party in accordance with these Terms; and
you will not be entitled to any refund as a result of your breach or unsuitable use.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us (other than your private personal and medical information) (the User Content) and what your obligations are in relation to that User Content. User Content includes but is not limited to information which you provide when sharing your stories or personal experiences with our community, when participating in online community events, or when otherwise publicly sharing information through the Platform. This section is subject at all times that all personal information which you provide to us in Menopause Consultations will be kept strictly confidential in accordance with these Terms and our Privacy Policy.

You agree that:

in respect of the User Content that you create, upload, send, share or post to us that:
you retain the ownership rights in the User Content;
you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Website, on other websites, and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
subject to the previous bullet point, the Platform and all material published on, in, or via all aspects of it is owned and controlled by, or licensed to us.

You represent and warrant on an ongoing basis that you:

are the owner or authorised licensee of all User Content;
have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms; will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant Alva policy; and
have all required permissions and consents from any third party whose personal information is included in any User Content.

Where we host online community events for educational, networking or other purposes for our community, you agree that we exclusively own the intellectual property rights in all online or printed materials, and the educational or other content presented at any of these events.

Alva is our registered trade mark - please see further details at the bottom of these Terms.

INTERACTION AND REPORTING

All Users acknowledge and agree that they are responsible for their own interactions on the Platform and with other Alva Users where there are meeting opportunities (such as at community events), or where responses to stories shared on the Platform are enabled. Users should use the reporting mechanism below to ensure that any harmful content or behaviours are identified and addressed as efficiently as possible. Users acknowledge that Alva is at all times entitled and permitted to monitor and view all Users’ interactions within the Platform (and off it, for example in online events).

All issues, queries or claims in respect of medications purchased through Alva must be addressed directly through the Partner Pharmacy in accordance with the Partner Pharmacy Terms. However, we may take appropriate action on our Platform if we deem it necessary or appropriate in consultation with the Partner Pharmacy. All issues, queries or claims in respect of consultations with Doctors must be addressed directly with the relevant Doctor. However, we may take appropriate action on our Platform if we deem it necessary or appropriate in consultation with the Doctor.

Reporting mechanism: If you encounter anything which appears on our Platform which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate Content or User Content or other issue to us via [email protected] and request that the matter is investigated. One of our team will then review your report and take any action we deem appropriate at our sole discretion. Please note however that our action in respect of matters which should be raised directly with the Pharmacy Partner or a Doctor may be limited to communicating with the Pharmacy Partner or Doctor in our capacity as an intermediary.

AVAILABILITY OF THE PLATFORM

The Platform is provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects, including in respect of Menopause Consultations and purchasing medications.

Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

ACCOUNT DELETION

If you wish to terminate your Account with us, you can do so at any time by deleting your Account, or contacting us to request that it is deleted. Please remember that you will not be refunded for payments already made if you choose to do so. Once an order has been cancelled or account deleted, we may send you a notification to confirm that the cancellation or deletion has occurred successfully. Please note however that we may be required to maintain your personal medical data and a means to contact you about it after your Account has been deleted in accordance with our Privacy Policy and legal obligations.

WEBSITES WE LINK TO

The Platform may link to other third party websites from which third party services can be obtained (including those of our Partner Pharmacy or Doctors). Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices. We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code. In particular, as our Menopause Consultation and Platform is only accessible online, we recommend only using browser extensions from reputable sources. To the fullest extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.

NO RELIANCE ON INFORMATION

All information published on or via the Platform, including any educational Content on menopause, or any personal women’s stories, or suggestions in results to Menopause Consultations are provided in good faith and for general information purpose only. The articles we publish are reviewed by medical professionals, but the articles, and any other Content accessible through the Platform, do not constitute medical advice. If you find anything on our Platform that you believe is not accurate, please let us know and we will do our best to verify and amend the information. We make no warranties about the completeness, reliability, or accuracy of the information on our Platform. Any action you take based on such information is taken at your own risk, save for where our Pharmacy Partner or Doctor has reviewed and confirmed that certain medication(s) is suitable for you based on the information you have truthfully and accurately provided.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If you find anything on our Platform that you believe is not accurate, please let us know and we will do our best to verify and amend the information.

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. However, please note that health and safety issues arising from the receipt by you of medications (prescriptions or otherwise) will not be under any circumstances attributable to our negligence or failure to deliver our software service, even if the applicable purchase was made using Alva. We provide the Platform for the purposes outlined in these Terms. You agree not to use any part of the Platform for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms, the Platform or its performance. However, you may be required to indemnify us, and we will be entitled to apply for injunctive relief against you if you have breached these terms, and we can demonstrate that we have been harmed by it.

Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and interact with the Platform at your own risk.

We make no express or implied representations (except as listed in these Terms) on the services, products, information or Content included or referenced on the Platform or off it (for example in emails or in our social media channels) and to the greatest extent permitted by applicable law, we disclaim all warranties and conditions (whether express or implied) in respect of the Platform and our services contemplated by these Terms, including without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose.

COMMUNICATIONS BETWEEN US

If you wish to contact us for any reason, you can do so via [email protected]. Other than to provide the services provided within our Platform, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time. The Platform may use pop-up notifications but only if you have enabled them. You may disable them at any time. Please note though that it is not possible to disable service information or error alerts.

REGULATORY REQUIREMENTS

Alva is registered with the Medicines and Healthcare products Regulatory Agency (MHRA) as a distance seller of medication on account of the role of our Platform in selling medication through our Pharmacy Partner, in which we take a share of revenue.

Alva's Menopause Consultation service is certified as a Class I medical device with the MHRA. You can read more about that at withalva.com/regulatory.

Please contact us directly if you wish to enquire about our registration statuses with the MHRA.

Should you wish to direct communications directly with the MHRA, their contact details are as follows: Medicines & Healthcare products Regulatory Agency (MHRA) Address: 151 Buckingham Palace Road, London, SW1W 9SZ Email: [email protected] Telephone: 0203 080 6000 Website: https://medicine-seller-register.mhra.gov.uk/

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.

Under these Terms, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, legal partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between Alva and any User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.

These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.

Alva is a registered trademark of Alva Health Limited under trade mark number UK0000349081. All Alva trademarks, service marks, trade names, logos, domain names, and any other features of the Alva brand (“Alva Brand Features”) are the sole property of Alva or its licensors. These Terms do not grant you any rights to use any Alva Brand Features whether for commercial or non-commercial use.