Tuune – Terms of Service

1. Introduction

Welcome to Tuune! Thank you for using our website

(“Site”). These Terms of Service, together with all relevant terms incorporated by reference, (the “Terms”) set out your rights and responsibilities when you use, access and otherwise interact with the services available on the Site (including our Health Assessment) from time to time, when you purchase contraception via the Site and when you otherwise interact with our Site (“Services”).

All users of the Site (whether unregistered guests or registered Tuune account holders) (“you”, “your”) are bound by the relevant provisions of these Terms. By using our Site and any of the Services you confirm that you agree and accept to be bound by these Terms. Please read this document carefully as it contains important information about your rights and responsibilities when you use our Services. If for any reason you do not agree to these Terms, you must not use our Site or Services.

2. Other applicable terms

We aim to offer transparency around our use of your personal information. We (and our partners) will need to process your personal data (including sensitive (special category) data) in order to provide you with our Services – for example, data concerning your health and medical history. We explain how we do this and how we take steps to comply with applicable data protection laws (including the General Data Protection Regulation 2016/679 and the Data Protection Act 2018) in our

.

We may, in the future, offer for sale home DNA and hormone testing kits – we will update these Terms and our Privacy Policy to reflect that (and any other) new Service prior to making the same available to you. Please keep an eye on this page for any updates.

Please note, the contract for the sale and supply of any contraception to you will be between you and our selected Pharmacy (detailed below). We act as sales agent on behalf of the Pharmacy and help to process your orders and payments. You will be notified of any additional terms and conditions which apply to your order for contraception by the Pharmacy at the time you place your order on the Site (please see paragraph 8 for more details).

We will also ask you to complete our Research Consent Form if you are invited to (and choose to participate in) our research projects and collaborations.

3. Information about us

Our Site is owned and operated by Uniq Health Limited registered in England and Wales with registered office at 82b High Street, Sawston, Cambridge, England, CB22 3HJ and company registration number 10972015 (“Tuune” or “we”, “our”, “us”). You may contact us at info@tuune.com.

If we need to contact you for any reason we will do so by phone, email or post to the telephone number, email address or postal address that you provided when registering for your Tuune account. When we say “writing” or “written” in these Terms, this includes emails.

4. DISCLAIMER

You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on our Site (including the Health Assessment). You must contact us at info@tuune.com or speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the recommendations or information given to you on our Site (including during the Health Assessment). PLEASE ALSO READ THE IMPORTANT ACKNOWLEDGEMENTS AT SECTION 14 OF THESE TERMS.

You acknowledge that the recommendations given on our Site are not intended to replace your regular healthcare provider service. You must tell your regular healthcare provider about any contraception prescribed and supplied by our Pharmacy.

At Tuune we strive to provide high quality services by providing personalised recommendations based on your responses and specifications. For this purpose, we rely on the information you submit to us during the Health Assessment and any other consultation questionnaires presented on our Site. You must therefore ensure that such information is always submitted truthfully and honestly. You must disclose all relevant information to the best of your knowledge, and ensure it is accurate (whether regarding your age, gender, health history or otherwise) and provide complete, accurate and reliable answers to the questions asked during the Health Assessment regarding your physical and mental profile.

Save as expressly stated in these Terms, no warranties, representations or guarantees are given by Tuune (whether express or implied) as to your use of the Site and/or the Services.

To reduce the impact of any potential adverse effects of prescribed contraception, Tuune will help you monitor the effects of your chosen contraception over time through the use of online questionnaires. It is your responsibility to participate in such questionnaires; if you fail to do so, we cannot help to address and mitigate any adverse effects you may be suffering.

Tuune is not an emergency service.

If you believe that you are in a situation requiring urgent or emergency care you should contact the emergency medical services in your area immediately. 999 is the official emergency number for the United Kingdom and 911 is the nationwide emergency number in the United States.

5. Eligibility to use our Services

Unregistered guests are free to browse limited areas of our Site (subject to the relevant provisions of these Terms), but if you wish to access all areas of our Site and use our Services (including our Health Assessment and/or to purchase contraception) you must first register for an account with us by completing the online registration form on our Site.

When registering for an account, we ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to the details supplied to us at registration (or thereafter) it is your responsibility to inform us straight away. Changes to your registration details should be made via your Tuune account.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@tuune.com.

Please note, the majority of Services (including our Health Assessment and prescription service) are intended for users who are:

  • UK resident;

  • above the age of 18 and below the age of 50; and

  • who are on or considering combined hormonal contraceptive or progesterone-only contraception.

Our Services are not available for users under the age of 18.

By agreeing to these Terms, you are deemed to be capable of making medical decisions regarding your own health and to have sufficient fluency in English as to understand these Terms.

6. Health Assessment

The Tuune questionnaire is a digital health assessment tool that enables both a better understanding of your hormones and precision contraceptive recommendations. The Health Assessment is an integrated health assessment consisting of questions relating to your cycle, wellbeing priorities, medical history and contraceptive history.

To obtain a holistic evaluation of your hormones and health, the Health Assessment will ask you to digitally provide self-reported responses to the questions mentioned above. To provide precision contraceptive recommendations, our proprietary algorithm will match you to the most suitable contraceptive options based on the answers you have provided.

The Health Assessment is registered as a medical device with Medicines and Healthcare products Regulatory Agency.

How does it work?

Our Health Assessment will ask you questions relating to your mental and physical background. Tuune will classify users into three contraception eligibility groups:

  • users who can safely be prescribed a combined hormonal contraceptive (CHC) or a progesterone-only pill (POP);

  • users who can safely be prescribed a POP, but not a CHC; or

  • users who will require expert clinical review before any contraception can be prescribed.

The Health Assessment will seek to obtain sufficient information about you to determine which contraception eligibility group you sit in. However, it is your responsibility to ensure that when responding to our Health Assessment the information you give is true, accurate and complete.

Each user will be given the appropriate recommendation based on the information provided during our Health Assessment and the report that is created based on the interaction. We may also need to refer you to one of our specialist partner clinicians based on the information you give during our Health Assessment; our clinician will prepare a clinical report which you can choose to share with Tuune.

If our Health Assessment or (where applicable) clinician, determines you can safely be given contraception, you can choose to have your report forwarded to our partner Pharmacy who can prescribe and fulfil the prescription (please see paragraph 8 below for more details). Alternatively you will be able to share your report with your healthcare professional in order to get a prescription.

Please note, details of all consultations and questionnaires communicated via the Health Assessment are retained by us in accordance with all applicable laws.

More details on our Health Assessment

Title and interest in and to all data generated during our Health Assessment and all intellectual property therein are and will remain with Tuune and its licensors. You acknowledge and agree that you have no right, licence or authorisation with respect to any of the data (including any intellectual property therein) except as expressly set forth in these Terms.

When using our Health Assessment service, you grant Tuune a worldwide, royalty-free, and non-exclusive license to access and use the data you submit to it in order for us to provide the Services, develop pattern data and machine learning, and otherwise use anonymised data for the purpose of delivering the Services and improving our products and services.

7. Our partners

Tuune does not itself provide prescriptions or contraception; it provides contraceptive recommendations based on the outcome of your Health Assessment. We work with selected clinicians and pharmacies who are responsible for provision of prescriptions and contraception to you.

The partner clinicians we engage are registered in the United Kingdom with the General Pharmaceutical Council and are trained in providing remote consultations.

Our selected pharmacy is Mayberry Pharmacy Limited (the “Pharmacy”), whose address is 75 High St, Blackwood, NP12 1AA, registered with the General Pharmaceutical Council under GPhC number 1043349. Our Pharmacy has been approved to sell and supply prescription contraception online via our Site. The Pharmacy is responsible for the prescriptions it issues.

Except as set out above, the contract for provision of our Services, will be between you and Tuune (and is governed by these Terms).

8. Your orders and fees

Health Assessment

When you sign up to our Health Assessment, that constitutes an offer to purchase the associated Services from us. We will confirm whether we accept your offer (by email or on-screen) and at that point you enter into a contract directly with us for provision of the Health Assessment pursuant to these Terms.

If applicable, the fees for using our Health Assessment, together with any follow up communications we have with you regarding that consultation, will be communicated to you prior to signing up for the consultation. Any such fees must be paid by you before you can start the consultation. We currently only accept payments made on our Site via Viva Wallet.

Free trials

We may (at our sole discretion) make our Health Assessment available to users on a free of charge basis for a limited trial period only. Details of the trial period will be published on our Site. Please note, we reserve the right to suspend or withdraw the free trial period for any reason. In such circumstances we will use reasonable efforts to notify you in advance. The free trial will not apply to your order for prescription contraception (fees for which will always be payable, unless you are exempt).

Prescription contraception

As mentioned above, when you place an order for a prescription you make an offer to purchase contraception via the Site. The fees associated with your prescription will be communicated to you prior to placing your order. Such fees must be paid by you before the Pharmacy issues your prescription and dispense your contraception (as detailed below). We currently only accept payments made on our Site via Viva Wallet.

Once you have placed your order, the request will be sent to our Pharmacy. Our Pharmacy will review the request, and if your prescription is approved, we will confirm your order to you.

Our Pharmacy reserves the right to refuse your order if it is determined the contraception is not clinically appropriate for you. In such circumstances the individual prescriber will let us know and we will get in touch with you to let you know. We may (in certain circumstances) discuss the order request in more detail with you, and (if you agree) will share the outcome of our discussions with the individual prescriber, who may (at their sole discretion and based on that outcome) reconsider the order request. If approved, we will confirm your order to you.

If your order request is rejected, we will cancel your order and arrange a refund to you of the fees you have already paid for such order.

At the point we confirm your order to you, the contract between you and the Pharmacy will come into effect and will be governed by these Terms and any other terms and conditions notified to you at the time. Payment of the fees will be taken from your chosen payment method and the Pharmacy will sell, supply, dispense and post contraception to you directly.

All communications relating to your prescription must be done via us at anna@tuune.com. We will liaise with the Pharmacy and prescribers on your behalf, unless the Pharmacy or prescriber determines they need to speak with directly; in such circumstances will be introduced you. The customer service email anna@tuune.com should only be used for general Site queries.

9. Pricing, payment and refunds

All prices on our Site are in pounds sterling and include VAT unless expressly stated otherwise. We take care to ensure that all pricing information on our Site is accurate but occasionally there may be an error. In the event that an error has occurred and the price charged is too high, we will identify all those that have overpaid and refund the difference.

In providing payment card details, you confirm that you are authorised to use the card and authorise us, or our payment service provider (currently Viva Wallet), to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these Terms. The transaction will appear on your bank or card statement as ‘Tuune’.

Refunds, if applicable, will only be made using the payment gateway to the card originally used for payment. Refunds may take up to ten working days to appear on a card statement.

10. Your rights to make changes

If you want to make any changes to your order please get in touch. If the change you have asked for is possible we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. We will also check whether you want to go ahead with the order on this basis.

11. Delivery

Our Pharmacy will dispense all prescription contraception, usually within three working days of the prescriber authorising the supply of the contraception. Deliveries are currently only within the UK.

Delivery charges are set out on our Site.

During the order process for prescription contraception we will let you know when our Pharmacy will deliver the contraception to you or we will contact you with an estimated delivery date.

You agree that a signature will not be required on receipt of delivery and that you are happy for prescription products to be posted through the letter box at the delivery address. You confirm that there are no animals or young children at the delivery address who may have access to the products once delivered.

On receiving your order, and before using any contraception, you should carefully read any information which accompanies the product (including but not limited to the Patient Dispensing Label, the patient information leaflet and/or the manufacturer’s guidelines) and you acknowledge and agree that you will only use the product in accordance with such information and instructions. Any failure to follow such information is at your own risk.

You should stop taking the contraception and seek immediate advice from a doctor or other healthcare practitioner if you experience any significant side effects.

Late Delivery

If delivery is delayed then we will let you know as soon as possible, and will work with the Pharmacy to expedite delivery. We are not (and neither is the Pharmacy) responsible for delays that are caused by reasons outside of our (and/or the Pharmacy’s) control.

Failed Delivery

If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box, the courier may, according to their policies, either leave you a note informing you how to rearrange delivery or leave your parcel with a neighbour. Where the parcel is taken to the delivery depot, if you do not then either collect the products from a delivery depot or contact us to re-arrange delivery we will contact you for further instructions and details (including details of any additional delivery costs). If we are unable to contact you or to re-arrange delivery or collection we may cancel your order (and in such circumstances we will refund the fees paid by you for such order, less the delivery charges).

Ownership

The product(s) will be your responsibility from the time of delivery to the address you gave us. You own the product(s) once we have received payment in full following acceptance of the order.

Suspending the contract

We will contact you to tell you if the Pharmacy will be suspending supply of any contraception. You may contact us to cancel your order if such supply is suspended. We will refund any sums you have paid in advance for the contraception.

12. Your right to cancel

When you use our Health Assessment and/or place an order for prescription contraception via the Site, that requires us to perform an assessment of your clinical suitability for the contraception before the contraception can be approved for supply. You agree to us commencing this service and an assessment of your clinical suitability for contraception when you sign up to the Health Assessment and place the order, and as such you will have no legal right to cancel your order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

13. Damaged or not as described contraception

If the contraception is damaged or does not match the description provided online you may have a legal right to cancel your order, to get a replacement, or to get some or all of your money back. In such circumstances, please contact us. You can email our customer service team at anna@tuune.com.

For information please visit the Citizens Advice website www.adviceguide.org.uk or call 03444 111 444.

14. Important acknowledgements

In relation to your use of our Site and the Services you acknowledge and agree to the following:

  • Tuune will not be liable for any damages arising out of:

    • any failure by you to provide (and maintain) complete, truthful and accurate information to us, including in our Health Assessment and all other questionnaires you complete;

    • any failure by you to follow advice given by a doctor or healthcare practitioner; or

    • any failure by you to pass on information given on the Site to your regular healthcare provider (where applicable).

  • Professional codes of conduct and legal restrictions may limit the number and frequency of any item our Pharmacy is permitted to supply to you.

  • You are not allowed to register for more than one account with us. Please do not register or complete the Health Assessment or any questionnaires on behalf of anyone other than yourself and do not allow any other person to use your account to access the Health Assessment or use any other person's Tuune account to use our Services.

  • Please do not use contraception or follow any medical information if it has been previously contra-indicated or requires a second opinion or any contra-indication is flagged via our Site (including the Health Assessment).

  • If contraception is prescribed and dispensed to you, you are responsible for checking that contraception is the correct one prescribed by our partner Pharmacy and that such contraception is not damaged in any way. If in doubt, you must contact us to seek advice and/or replacement as required. Do not consume any contraception which is not the one prescribed or which is damaged on arrival.

  • You must carefully read all product packaging and labels prior to use. If you purchase contraception in advance of your need to consume or use it, please ensure you do not consume or use contraception which is out of date

  • Please ensure that no-one other than yourself has access to any contraception that is made available to you through use of our Service.

  • Please do not alter any prescription given by Tuune’s partners and specialists (tailored to your individual needs) or attempt to use contraception when you have already been indicated not to (by a previous healthcare provider).

  • The images on our Site are for illustrative purposes only. Your product may vary slightly from the Site images.

15. Content Standards and Acceptable Use Policy

Any material which you contribute or upload to our Site (including the Health Assessment) must be true, accurate and correct, comply with applicable law and must not be defamatory of any person, obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trade mark of any other person, be likely to deceive any person, breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or impersonate any person, or misrepresent your identity or affiliation with any person.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You may use our Site only for lawful purposes. You may not use our Site (including the Health Assessment):

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful, illegal, fraudulent or harmful, in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • For the purpose of harming or attempting to harm minors in any way.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly copy, store, host, transmit, send, publish, distribute, use or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, rootkit, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms.

  • Not to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services and not attempt to disable, “hack” or otherwise interfere with the proper functioning of the Site.

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

    • any part of our Site;

    • any equipment or network on which our Site is stored; or

    • any software used in the provision of our Site.

16. Our Site

We may update our Site from time to time and may change the content and Services at any time. We do not guarantee that our Site, or any content on it, will be free from errors or omissions. We do not guarantee that our Services, our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary “as is” basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Services without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

17. Intellectual property

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with the Site, including our Health Assessment, including the manner in which the Health Assessment is presented or appears and all information, materials and documentation relating to it, is our property (or that of our licensors), and nothing in these Terms shall be taken to transfer any of the intellectual property to you. All such rights are reserved.

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site or Services without our prior written permission and indemnify Tuune in the event that you do so. Solely for the purposes of using the Site and Services, we hereby grant to you for the period during which our Services are provided a non-exclusive, non-transferable licence to use the intellectual property, as may be required.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

Copyright

All content Tuune or its affiliates make available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Tuune, its affiliates, or its content suppliers and is protected by copyright laws worldwide.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service may also be trademarks or trade dress of Tuune or its affiliates in the EU, the US or other countries. Tuune’s trademarks and trade dress may not be used in connection with any product or service that is not Tuune’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tuune. All other trademarks not owned by Tuune that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tuune.

18. Links to third party sites

The Site and our Services may include links to websites of third-party content or service providers. Tuune is not responsible or liable for the content, products or services available on third-party sites, and any use of those sites is subject to their terms of service and privacy policy and not those of Tuune. Any link to another website does not imply that Tuune endorses or accepts any responsibility for the content, safety, reliability, or quality or the materials. Be sure to study the privacy policies and other information about what, how and why a website may collect and use information you provide.

In order to interact with our partner clinicians, payment providers and for other functionalities of the Services, you may need to access third party services (including Viva Wallet), as well as other service integrators and facilitators. You must accept their terms of service and privacy policies in order to use the service and we are not responsible for their services (including any errors), or actions they may take to enforce their own legal rights.

19. Our liability

The Health Assessment is operated by Uniq Health Limited. The prescription service and dispensed contraception is the responsibility of the Pharmacy, and Uniq Health Limited has no liability to you in respect of your use of that service. You agree that any claim you make in connection with the prescription service and dispensed contraception will only be brought against the Pharmacy.

The Pharmacy accepts full clinical responsibility for all its patients to the full extent that the law requires. The Pharmacy will not be liable for any loss or damage (in contract negligence or otherwise) where:

  • there is no breach of a legal duty of care owed to you;

  • the loss or damage is not a reasonably foreseeable result of any such breach; or

  • any loss or damage or increased risk of loss or damage results from a breach by you of these Terms.

We are not responsible for:

  • loss or damage caused by you providing inaccurate or incomplete information;

  • loss of your emotional well-being including, but not limited to, any embarrassment caused;

  • loss of income or anticipated profits;

  • loss of opportunity;

  • loss of goodwill or injury to reputation;

  • losses suffered by third parties; or

  • any indirect, consequential, special, or exemplary damages arising from the use of the service regardless of the form of action.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nothing in these Terms affects your statutory rights.

20. Changes to these Terms

We may update these Terms at any time. Please check this page from time to time for any changes, as the latest version will be binding on you when you use our Site and Services (including our Health Assessment), and when you purchase contraception via the Site. In the event of any conflict between the current version of these Terms and any previous versions, the provisions that are current and in effect shall prevail unless it is expressly stated otherwise.

21. Termination of your Tuune account

Tuune may, in its sole discretion, terminate your account or your use of the Site at any time. In, particular, Tuune shall have right to suspend or terminate your account immediately in the event of an emergency, suspected fraud, enforcement by external authorities or regulatory requirement or on provision of at least 10 days’ prior written notice to you.

You can terminate your Tuune account at any time by emailing us at anna@tuune.com

You remain personally liable for all orders that you place or charges that you incur prior to termination.

22. Jurisdiction and applicable law

These Terms including any disputes arising between the parties will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the jurisdiction of the Courts of England and Wales. We encourage parties to resort to alternative means of dispute resolutions such as mediation or arbitration prior to resorting to legal proceedings.

23. Other important terms

These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Site.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.

If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

If you have any concerns about the material which appears on our Site or concerns with regards to our services, please contact: info@tuune.com.

Last updated: 20 May 2021.

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