Terms and Conditions of Medico Lifestyle

These Terms govern

  • the use of Medico Lifestyle, and;
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Medico Lifestyle site and services are provided by:

Medico Lifestyle Ltd. 177 Main Road Cleeve Bristol BS494PP

Owner contact email: hello@medicolifestyle.com

"Medico Lifestyle" refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • the Application Program Interfaces (API);

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

How Medico Lifestyle works

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

  • disputes between Users, or any other person or entity,
  • the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
  • Users’ activity on Medico Lifestyle, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products.
    If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through Medico Lifestyle. Users shall take measures to preserve copies of any data, material, content or information such User posts on Medico Lifestyle. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

The Service of Medico Lifestyle is provided at no monetary cost to Buyers other than the commission fee detailed below. Products offered by the Owner or by Sellers via Medico Lifestyle are marked as such.

Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.

Medico Lifestyle merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

These Terms apply to the described usage of Medico Lifestyle as a platform.
Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of the Owner in such transactions.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Medico Lifestyle.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Medico Lifestyle, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

Content on Medico Lifestyle

Unless where otherwise specified or clearly recognisable, all content available on Medico Lifestyle is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Medico Lifestyle infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Medico Lifestyle - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Medico Lifestyle, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Medico Lifestyle, the User may download, copy and/or share some content available through Medico Lifestyle for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through Medico Lifestyle Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Medico Lifestyle and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Medico Lifestyle and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Medico Lifestyle or the Service, terminating contracts, reporting any misconduct performed through Medico Lifestyle or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Medico Lifestyle, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Medico Lifestyle.

Product description

Prices, descriptions or availability of Products are subject to change without notice.

While Products on Medico Lifestyle are presented with the greatest accuracy technically possible, representation on Medico Lifestyle through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process by the Vendors.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

  • Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
  • Users may review their purchase selection, modify, remove or add items.
  • Users will be required to specify their billing address, contact details and a payment method of their choice.
  • If the purchase results in a product being shipped, Users may need to indicate a shipping address.
  • During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
  • After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.

To submit the order, Users must accept these Terms and use the respective button or mechanism on Medico Lifestyle, hereby committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices are determined by Vendors operating on Medico Lifestyle.

Prices on Medico Lifestyle are displayed:

  • including all applicable fees, taxes and costs;

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Medico Lifestyle.

All payments are independently processed through third-party services. Therefore, Medico Lifestyle does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Commission on sales and financial transaction process

Medico Lifestyle charge a basic commission fee (15% Jan 2020) on the sale price of all items sold. There are no ‘hidden extras’, our fee structure is completely transparent. Our commission incorporates transactional fees accrued through payment processing, web hosting and running costs of our site. It also includes associated costs from further site development and provision of educational resources throughout the Medico Lifestyle community.

Medico Lifestyle will distribute the due sum less commission to the Vendor 30 days after the purchase transaction between Buyer and Vendor. 

Medico Lifestyle have the right to change our commission fees at any time subject to advanced communication being given to our Vendors.

Authorisation for future PayPal payment

If Users authorise the PayPal feature which allows future purchases, Medico Lifestyle will store an identification code linked to the Users’ PayPal account. This will authorise Medico Lifestyle to automatically process payments for future purchases or recurring instalments of past purchases.

This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the countries or territories specified in the relevant section of Medico Lifestyle.

Delivery times are specified on Medico Lifestyle or during the purchasing process.

Failed delivery

The Owner or Seller cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User. If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner or relevant Seller, who will contact the User to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Returns

Medico Lifestyle is a multi-Vendor marketplace. Returns are processed by Vendors. Vendors returns policies with their Buyers should be aligned to reflect that of Medico Lifestyle. Buyers should communicate with Vendors directly if an item is purchased and is faulty or not as expected. Buyers have the right to return any item with the exception of custom-made / made to order products or other items that cannot be returned for hygiene reasons such as some jewellery or clothing items. All returns must be actioned by the Buyer within 14 days after delivery of an item. All items must be returned in their original condition, unused, unworn, unwashed and in the original packaging with original labels and any hygiene stickers attached. It is the responsibility of Vendors to ensure they provide contact details to buyers for the purpose of returns or refund enquiries.

Buyers are liable for the cost of postage returns and any customs or shipping fees.

It is the Vendor's responsibility to contact Medico Lifestyle if Buyers require a refund for an item within 30 days of the items purchase. Refunds will not be processed outside of this period other than in exceptional circumstances. Outbound shipping fees will be refunded to the Vendor less any transactional costs incurred by Medico Lifestyle at the original purchase time.

‘Medico Lifestyle will distribute the due sum less commission to the Vendor 30 days after the purchase transaction between Buyer and Vendor.  Any valid returns request must be made within this 30 day period.’

None of the above will affect the statutory rights of Buyers or Vendors. 

Delivery of digital content

Unless otherwise stated, digital content purchased on Medico Lifestyle is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Educational Content - Blogs, PDFs, Podcasts

The educational content supplied on this website through means of blog posts, podcasts and downloadable Portable Document Format (PDFs) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, Medico Lifestyle make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Medico Lifestyle content is not intended as a replacement for your healthcare provider, or a diagnostic tool for patients, and should not be used as such. The Content on Medico Lifestyle does not constitute advice on which you should rely. It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to diagnostics, management and medical procedures. Therefore, by using this site, you agree:

  • all users are advised to refer to drug manufacturers literature or the British National Formulary before administering any of the drugs mentioned on this website;
  • Medico Lifestyle is not liable to you or any third party for any claim, loss or damages arising out of your use of the site or its materials;
  • your reliance upon Medico Lifestyle materials is solely at your own risk; and
  • whilst Medico Lifestyle make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date, we do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

As a User, you are responsible for taking all precautions you believe are necessary or advisable to protect you from any claim, damage or loss that may arise from your use of Medico Lifestyle.

Medico Lifestyle are not responsible for the content or accuracy, or for any views expressed in any Posts submitted by Users. Any such views or content represent the views and values of the relevant User, and do not reflect Our views and values in any way.

Medico Lifestyle makes no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you and you are a consumer, you may be entitled to certain legal remedies.

Whilst Medico Lifestyle exercises all reasonable skill and care to ensure that Our Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

User rights

Legal guarantee of conformity for goods

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Medico Lifestyle in accordance with the laws of the country of their habitual residence.

National laws of such country may grant such Users broader rights.

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability for User activities on Medico Lifestyle

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in Medico Lifestyle.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.

Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over Medico Lifestyle.

This means that Sellers and Buyers are solely liable for respectively offering and purchasing through Medico Lifestyle and for the obligations resulting thereof.

In particular, the Owner shall bear no liability for:

  • any pre-contractual statement, claim or description of the Products offered through/via Medico Lifestyle;
  • the existence of any applicable license, authorisation, qualification or other official permit allowing Sellers to offer specific goods or services, as may be required by applicable law;
  • the Buyers' eligibility (e.g. in terms of age, solvency etc.) for purchase according to applicable law;
  • any obligation stipulated by Users over Medico Lifestyle, including but not limited to product guarantees and product safety;
  • any claim based on partial, incorrect or failed performance of binding agreements entered into on Medico Lifestyle.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Medico Lifestyle is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Medico Lifestyle and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Medico Lifestyle.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Medico Lifestyle are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Medico Lifestyle are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Medico Lifestyle must be sent using the contact information stated in this document.

Sever-ability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or un-enforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Medico Lifestyle or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 5 days of receiving it.

Amicable resolution of disputes between Users

Users may bring disputes with other Users resulting from their interaction via Medico Lifestyle to the Owner, who will then try to mediate the conflict in order to achieve an amicable solution. While Users' right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using Medico Lifestyle or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

France: Mediation

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before

  • any mediation body approved by the French Government. The relevant list is available at the following link.

Definitions and legal references

Medico Lifestyle (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Buyer

Indicates any User who buys goods or services from Vendors / Sellers through Medico Lifestyle, regardless of whether or not the actual transaction takes place through Medico Lifestyle.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Medico Lifestyle and/or the Service to Users.

Product

A good or service available for purchase through Medico Lifestyle, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Vendor / Seller

Indicates any User who sells goods or services to Buyers through Medico Lifestyle, regardless of whether or not the actual transaction takes place through Medico Lifestyle.

Service

The service provided by Medico Lifestyle as described in these Terms and on Medico Lifestyle.

Terms

All provisions applicable to the use of Medico Lifestyle and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Medico Lifestyle.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Latest update: January 02, 2021

iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.