Terms & Conditions

Please read these terms of use carefully before using this website. By using this website, you confirm that you accept these terms of use and agree to comply with them. If you do not agree to these terms of use, you may not use the site.

Your access to and use of thiswebsite, as well as all related websites (which includes www.thewell-hq.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”).

The Site is operated by BBE Health Limited (trading as The Well HQ) (“We“, “Our” or “Us“). We are registered in England and Wales under company number 12845825 and have Our registered office at Camburgh House, 27 New Dover Road, Canterbury, Kent, United Kingdom, CT1 3DN.

To contact Us, please email hello@thewell-hq.com or contact us here: https://www.thewell-hq.com/about/contact.

Other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of the Site:

How you may use content on the Site

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to your compliance with these Terms of Use, We grant you a limited licence, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal use. The Site and any materials contained herein shall not be used for any other purpose except as provided in these Terms of Use.

No materials on the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Us.

We have the right, in Our sole discretion to remove content and accounts containing materials that We deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site in any way, you may notify Us at hello@thewell-hq.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.While We use reasonable efforts to include accurate and up-to-date information on the Site, all information on the Site is provided “as is” and for general information only, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

We will not be liable to you or anyone else for any decision made or action taken in reliance on the information given by the Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

If you send comments or suggestions about the Site to Us, including, but not limited to, notes, text, drawings, images, designs or computer programs (“Feedback”), such Feedback shall become, and shall remain, the sole property of Us. No Feedback shall be subject to any obligation of confidence. and We shall exclusively own all rights to (including intellectual property rights) in such Feebdack and shall be entitled to unrestricted use, publication, and dissemination as to all such Feedback for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Our responsibility for loss of damage suffered by you

We do not exclude or limit in any way 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.

Please note that We only provide our Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following Our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

We may suspend or withdraw the Site

We do not warrant that the Site or use of the materials will be uninterrupted or error free, or that this Site and/or the materials available on the Site are free from bugs or viruses or other harmful components. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may terminate your account if you have violated these Terms of Use, or that you have violated other terms and conditions mentioned in these Terms of Use.

We shall not be responsible for any performance or service problems caused by any third party website or third party service provider, even where links to such third party have been provided by Us. Such links shall not be interpreted as approval by Us of those linked websites and/or information you may obtain from them. Any problem with a third party shall be governed solely by the agreement between you and that third party.

We reserve the right to refuse access to the Site and/or Ourcontent, products and/or services to anyone in Our sole discretion. We may, in Our sole discretion, refund the initial fee charged for any use of the Site and/or any content or a pro-rata portion thereof consistent with Our refund policy. We shall refuse any refund thirty (30) days after your payment for use of the Site and/or any content, regardless of the reason for disruption.

Which country’s laws apply to any disputes?

These Terms of Use, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

General

If any provision of these Terms of Use is deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions.

We may change these Terms of Use from time to time. We will update this on the Site, so please check these terms each time you wish to use the Site to ensure you understand the terms that apply at that time.

Course Terms & Conditions

These Terms apply when you enrol into any of our course programmes (together the “Courses” and each a “Course”) and govern your access to and use of our Courses made available via our website: https://www.thewell-hq.com/ (the “Website”).

Terms

Acceptance of Terms

By enrolling into a Course (including by clicking the “I have read and agree to the terms and conditions” button when proceeding to check out) you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you are accepting these Terms on behalf of anyone else (such as a company), you confirm that you have the full legal authority to bind that entity to these Terms. If you or the entity you represent do not agree to these Terms, do not proceed with your enrolment.

Amendment of Terms

We may amend these Terms from time to time. We will serve notice of the amendments deemed (at our discretion) material to users via the email provided upon enrolment or as later updated in your account settings. We may also provide a banner on the Website indicating any such material changes. Unless we provide a delayed effective date, all amendments will be effective upon our posting of such updated Terms on the Website. Your continued access to or use of the Course after such posting constitutes your consent to be bound by the Terms, as amended.

Additional Terms

Our Privacy Policy (see: https://www.thewell-hq.com/legal/privacy-policy/), Cookies Policy (see: https://www.thewell-hq.com/legal/cookies-policy/) and Community guidelines (see: https://www.thewell-hq.com/legal/community-guidelines/) (“Community Guidelines”) are hereby incorporated by reference. By accepting these Terms, you agree to our Privacy and Cookies Policies and Community Guidelines.

The Courses

Overview of the Courses’ content and features

We provide you with the ability to participate in our Courses in accordance with these Terms. Our Courses are designed to increase your understanding of the life journey and health of women, by providing resources and programmes on topics such as puberty or menopause. Each Course focuses on a different topic; the syllabus and an overview of the content of each Course is detailed on the relevant Courses’ subpage on our Website (see here: https://www.thewell-hq.com/courses/). Each Course is divided into modules containing online learning content made available via, for instance, videos and/or downloadable infographics. Each Course member will also be able to join a dedicated Course forum, as further detailed below at clause 7.

Duration of access

By enrolling into a Course, you will be provided with a 12-month online access to the Course (subject to any renewal as set out at clause 4.b below).

Content updates

We reserve the right to edit the content of the Courses, for instance to reflect the latest research on the subject matter of a Course. Planned updates of the content are set to take place on or around every 12 months however we reserve the right to edit our content outside of these planned updates at any time. We will notify Course members via email of any update to the content of a Course they are enrolled in.

Endorsed Courses

Courses endorsed by a professional body may allow you, on successful completion of an online end of Course test, to obtain a certificate of completion that, in certain instances, may provide you with continuing professional development points (subject to the relevant rules of the applicable organisation for which such CPD points are accrued in relation to). Further details are provided on the relevant Course page on our Website.

No formal qualifications

Unless specified otherwise on the relevant Course page of our Website, our Courses do not provide you with any formal accreditation or recognised qualification (including health-related qualifications). You acknowledge and agree that we provide a service that enables you to access Courses, the sole purpose of which are to act as a tool in guiding and assisting you in obtaining or furthering your knowledge on women’s health. These Courses are neither intended to constitute complete or definitive statements of the topics they relate to, nor are they intended to constitute medical advice.

Enrolment process and access

Account creation

You will be requested to create an account on the Website before being able to enrol into a Course. When you create an account, you will be asked to provide an email address and set a password and you may thereafter also be prompted to provide some additional information about yourself, including your first name and last name. You undertake that the information you provide to us when you sign up on the Website and at all other times will be true, accurate, current and complete and that you will keep this information accurate and up-to-date. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. You are solely responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the Website. Once you have signed up to the Website you will be able to amend and update your account information as required. Your account is personal to you and you agree not to create more than one account.

Security

You are responsible for keeping your account details and, if you elect to save them in your account, your payment details, secure. We recommend that you set a strong password unique to your The Well HQ account. If you become aware of any unauthorised access to your account or any suspected breach of security you should notify us immediately.

Enrolling into a Course

You may enrol into a Course at any time. Once logged into your account, you may enrol into any of our Courses by accessing the ‘Shop’ subpage of our Website (accessible via the ‘Orders’ subpage of ‘My Account’) and selecting the Course(s) you wish to enrol in. Your selected Courses will be added to your ‘cart’, where you will be able to review the Courses selected before checking out. In the cart subpage you will also be able to enter any coupon, referral or other similar code you may have and proceed to checkout. Once you have checked out and your payment for the Course has been accepted, you will receive confirmation from us of your purchase and obtain instant online access to the Course you enrolled into.

Eligibility Criteria

Courses may be subject to a minimum age requirement. If you are over any specified minimum age required but under 18 and wish to enrol in a Course, you confirm that: (i) you have obtained your parent / legal guardian’s consent before accessing the Website and Course; and (ii) they have reviewed and agreed to these Terms on your behalf and made the requested payment.

Website and Course access

It is possible that your access to the Website and any Course may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In such cases we will notify you and attempt to restore the Website and/or Course as soon as we reasonably can.

Responsibility for access

To access the Courses you must have access to the Internet or other communication networks through which we make our Courses available. It is your responsibility to ensure that you have appropriate technical requirements in place to access and participate in each Course, including sufficient internet bandwidth. You are responsible for the costs you incur in accessing and participating in the applicable Course (including internet usage charges). We are not required to maintain anything other than the current version of the Courses.

Problems

If you are having problems accessing any Course, please contact us via help@thewell-hq.com.

Course Fees, optional payments and payment terms

Courses fees

To take part in each Course and access the learning platform, you must pay a Course fee, as specified on the ‘Shop’ subpage of our Website (“Course Fee”). Subject to your cancellation rights, Course Fees are non-refundable. For more information on your Course cancellation rights, see clause 8.a below.

Renewal option

If you wish to continue accessing a Course you have enrolled into beyond the initial 12-month period (for instance in order to keep having access to up-to-date content), you may do so by paying a renewal fee, as specified in your account’s “Memberships” subpage on our Website (“Renewal Fee”).

Play it Forward

Play it Forward is an invitation to any Website visitor (including any member enrolling in a Course) to make a financial contribution via the Website (including, for members enrolling into a Course, by electing to pay more than the Course Fee) (“Play it Forward Contributions”). The purpose of this initiative is for us to apply these contributions to support coaches and volunteers who cannot afford to pay for education on female health. The Play it Forward Contributions will be used by The Well HQ to buy and provide courses for such coaches and volunteers. There is no obligation to participate in Play it Forward. If you do wish to participate, you will be able to choose the amount of contribution entirely at your discretion. Please note that we are not a charity and the Play it Forward Contributions are not charitable donations; any reliefs or other advantages that may apply to charitable donations do not apply to any Play it Forward Contributions you elect to make. Use of Play it Forward is subject to our separate Play it Forward terms made available at the time of making such contribution.

VAT

The Course Fees and Renewal Fees are inclusive of VAT or other taxes (where applicable).

Payment

Course Fees and Renewal Fees (if applicable) are payable upfront as one lump sum via our Website by credit or debit card. Play it Forward Contributions are payable as and when you wish to make one as one lump sum via our Website by credit or debit card. Payments may be subject to checks by us, your card issuer and any payment provider.

Third party payment providers

We are not a payment provider or a ‘merchant’ for payment and may use third party payment providers such as WooCommerce payments to collect Course Fees, Renewal Fees and/or Play it Forward Contributions (as applicable). In such instances, we are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Course Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions. Similarly if you choose to enter into any financing arrangement with a third party relating to the payment of some or all of your Course Fees, Renewal Fees and/or Play it Forward Contributions (as applicable) we are not party to any agreement between you and the funding provider and are not liable for any claim or liability in relation to the provision of such funding.

Ownership and use of the Courses

Our IP

The Website and Courses are owned and operated by The Well HQ. “Materials” means the content, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Website and Courses provided by The Well HQ. All Materials are the intellectual property of The Well HQ and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trade marks, service marks, and trade names used by us on the Website and/or as part of the Courses are proprietary to us and/or third-party licensors. In the event that Materials are downloaded to your computer, mobile phone or other device, you do not obtain any ownership interest in such Materials.

Licence to use the Courses (including their content)

Subject to your compliance with these Terms, including payment of any applicable Course Fee or Renewal Fee, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, personal licence to access and use the Course(s) you have enrolled into and their content (including any Materials forming part of such Course(s)) solely for your own personal use or, if you are a business user, the internal business purposes of the entity who has paid for the Courses on your behalf. This licence is personal to you and should we establish or reasonably suspect that you are using anyone else’s account details we shall have the right to suspend and/or terminate your access to the Course(s) until this issue is resolved. The foregoing licence shall remain in effect for the initial 12-month period, unless renewed in accordance with Course Fees, optional payments and payment terms.

Except as expressly authorised by The Well HQ under these Terms or otherwise:

  • you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials;
  • you acknowledge and agree that the rights granted to you to access a Course and its content (including any Materials forming part of such Course) are to be used for your individual purposes only. You must not use or exploit the Courses or any of their content (including any Materials forming part of such Courses) for commercial purposes;

All rights not expressly granted in these Terms are reserved.

Feedback

If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website or Courses (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website or Courses (as applicable). You hereby grant The Well HQ a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

Third-party Sites, Products, Services and Promotions

Linked Sites

The Courses may include links to other websites or services (“Linked Sites”) solely as a convenience to members. The Well HQ does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, The Well HQ makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.

No responsibility for third party sites and promotions

We are not responsible for the products, services or promotions provided by any third parties (including Course members’ Forum Content) that may appear on our Website. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website are solely between you and such third party. You understand and agree that The Well HQ will have no liability in respect of any loss or damage you may incur as a result of any such dealings with third parties or as the result of the presence of such third party on the Website.

Forum and community guidelines

Forum

The forum feature of a Course is a subpage made available on our Website only to members enrolled in that Course (the “Forum”). The Forum is designed to allow Course members to post content, ask questions and generally interact with one another and The Well HQ staff.

Forum Content

By its nature, a Forum will contain content such as information, text, links or materials in any other form (“Forum Content”). Forum Content you post is not confidential and may be viewed by third parties, including other Course members. Forum Content may be published on the Forum by third parties, including other Course members. We take no responsibility for Forum Content appearing on a Forum and we do not endorse, support or guarantee the completeness, truthfulness, accuracy or reliability of any Forum Content. Members are solely responsible for the Forum Content they upload. By uploading any Forum Content you represent and warrant that you have the right to do so. You may expose yourself to liability if you do not have the necessary rights to the Forum Content.

Ownership of Forum Content

By uploading any Forum Content on a Forum, each member remains the owner of their own Forum Content

Licence to use your Forum Content

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable licence to use any Forum Content you post (excluding personal data (as defined in the UK GDPR) which shall be dealt in accordance with such legislation) for the purpose of hosting, displaying and otherwise using such Forum Content for any purpose anywhere in the world.

Community Guidelines

To keep each Forum safe and enjoyable for every Course member we ask that you follow certain basic rules when posting Forum Content. These rules are set out in our Community Guidelines, which are incorporated in these Terms and available here: [INSERT LINK]. The Community Guidelines also set out how you can contact us to report issues relating to a Forum and the consequences of not complying with the Community Guidelines or these Terms. Please review the Community Guidelines carefully.

Termination

Your Course cancellation right

Within the 14-day period commencing on the date on which your enrolment on your Course is confirmed and provided that you have not commenced the applicable Course as at the date of requesting such cancellation, you have, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the right to cancel your enrolment in your Course by notifying us of your wish to do so (your “Statutory Cancellation Right”). If you wish to enforce your Statutory Cancellation Right please contact help@thewell-hq.com and we will arrange to provide you with a refund of any Course Fees or Renewal Fees (as applicable) paid to us in this 14 day period.

Cancelling your enrolment in any Course

In addition to your Statutory Cancellation Right, in the event that you wish to cancel your enrolment after the 14-day period specified under clause 9.a, you must contact us via help@thewell-hq.com . If you do so, then whilst your enrolment may be cancelled we shall have no obligation to provide you with a refund of any Course Fees or Renewal Fees (as applicable). These may only be refunded at The Well HQ’s sole discretion.

Suspension of your access to any Course

We may, at our sole discretion, without liability, suspend your enrolment in any or all Courses if in our reasonable opinion you have breached (or we suspect you may have breached) the provisions of these Terms, including if you have allowed another person to access any Course using your access details. Suspension is not a waiver of any right of termination which we may have under these Terms.

Terminating your access to any Course

We may terminate your access to any Course without liability immediately upon providing written notice if, in our reasonable opinion, you have breached (or we suspect you may have breached) the provisions of these Terms. In such circumstances, we will not refund you the Course Fees and Renewal Fees (as applicable).

Effect of cancellation / termination

The termination of your right to access any Course, for whatever reason, shall:

  • immediately end all licences granted under these Terms to access the Courses;
  • not affect any of your rights, remedies, obligations or liabilities that have accrued during the term of this contract, including the right to claim damages in respect of any breach of these Terms; and
  • not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.

Liability

No implied terms

The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for the Terms would be implied or incorporated into the Terms, or any collateral agreement, by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

No warranties or representations

You acknowledge and agree that whilst The Well HQ will try to ensure that the Website and Courses (including their content) are relevant, accurate, complete and up to date, The Well HQ does not make any representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website and Courses. We do not represent or warrant that: (i) the use of the Website and Courses will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (ii) the quality of the Website and Courses, will meet your requirements or expectations; (iii) the server(s) that make the Website (and so Courses) available are free of viruses or other harmful components. The Website and Courses are provided to you strictly on an “as is” basis; (iv) any stored data will be accurate or reliable; or (v) any errors or defects will be corrected.

Liability that cannot be excluded

Nothing in these Terms shall operate to exclude or limit liability for: (i) death or personal injury caused by the negligence of The Well HQ, its servants, agents, employees or sub-contractors; (ii) any breach or contravention of the terms implied by Section 2 Supply of Goods and Services Act 1982; or (iii) fraudulent misrepresentation.

Exclusions of liability

Subject to clause 10.c above, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms, but we are not responsible for any loss or damage that is not foreseeable. Subject to clauses 10.c and 10.e, we exclude our liability to you for any amount or kind of loss or damage including any direct, indirect or consequential loss or damages (whether in tort, contract or otherwise) and that may result to you or third parties arising out of or in connection with the provision by us to you of the Course(s).

Liability cap

Subject to clauses above, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages which are deemed indirect, incidental, special, punitive or consequential. Our maximum aggregate liability arising out of or in connection with these Terms, whether in contract or tort (including in each case negligence) or otherwise shall be limited to a sum equal to £99 per claim.

Force majeure

We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

Miscellaneous

Transfer

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 these Terms. If you are unhappy with the transfer you may contact us to end these Terms within 7 days of us telling you about it. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Entire Agreement

These Terms (together with any other terms and policies referred to herein) constitute the entire agreement between us and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to their subject matter.

Severability

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Waiver

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Notices

Notices will be sent to you at the email address that you provided during the registration process or as later updated in your account settings. Notices may be sent to us to the following email address help@thewell-hq.com. Notice will be deemed given 24 hours after the email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received.

Interpretation

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. References to “including” or “includes” shall be deemed to have the words ‘without limitation’ inserted after them.

Governing Law and Jurisdiction

These Terms are governed by English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the UK or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

Contact us

If you have any questions, please contact us at hello@thewell-hq.com or fill in the form

Updated: July 2023