Terms and Conditions

diagnosio legal

Diagnosio is a brand of BraineHealth AB and the names can be interchanged.

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which BraineHealth ("BraineHealth, Diagnosio, we or us") make the Diagnosio website (the "Website") available to you and any of our services which are accessible on or via the BraineHealth or Diagnosio Website.

These Terms and Conditions govern your use of the Website and our services.

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This policy should be read in conjunction with our complete set of policies and disclaimer:

Products and Subscriptions

All products as described on this Website (as may be varied from time to time) are available as subscription with or without free trials. Certain product might only be available for selected regions only and from time to time.

Products are delivered when payment has been confirmed unless another delivery date or delivery service is selected.

Further information regarding product availability and delivery options will be presented when placing your order in beforehand and/or beforehand any payment has been done.

Prices

Prices listed are valid as stated on the Website.

Prices include VAT.

Orders/Payments

You will be given clear instructions to navigate the order process and will be required to provide us with your personal details and all necessary payment details.

We accept payment by all major credit and/or debit cards, other than credit and/or debit cards as we may specify from time to time. Normally, we use payment gateways vendors such as Stripe or PayPal in a way that we don´t need to process your card information at all which instead are securely managed by the patment gateway vendor at checkout.

By clicking on the "Pay Now" or "Sign up" button at the end of the order process i.e the checkout process, you are consenting to be bound by our Terms and Conditions contained in these terms and conditions and appearing anywhere on the website.

Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

We cannot accept orders from customers under the age of eighteen (18) years.

Cancellation/Amendments

If for any reason you wish to cancel your subscription you can do so on the page "my account"

You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

BraineHealth Customer Contact Centre

In the event you are not satisfied with the our services, please contact us and we’ll do all we can to put the situation right, or, if you prefer, give you your money back.

Any complaints should be addressed in the first instance to

contact@brainehealth.com

We will respond within 24 hours on e-mail

Online Dispute Resolution (ODR)

(BraineHealth is applying for the below)

Under European legislation, if you are not able to resolve any customer service issue you may have with a product or service you have purchased via our website or by telephone you may wish to consider an Alternative Dispute Resolution. For further information please visit the European Online Dispute Resolution Platform

Disclaimer

D1. Whilst we agree to use all reasonable endeavours to ensure that the Website and/or our service is fully operational and error-free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the Website and/or our service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Website and/or our service impossible or impractical.

D2. We accept liability for death or personal injury arising from our negligence.

D3. Subject to clause D2 our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited, per claim or series of connected claims, to a multiple of 5 times the price you have paid for the products.

D4. Subject to clauses D2 and D3 above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Website and/or our service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.

D5. Abuse of Service: We reserve the right to refuse an order if we believe your use our service, either directly or indirectly, is for any unlawful purpose, or, may cause distress or offence to any person.

D6. We understand that it is under a legal duty to supply our services that are in accordance with the contract.

Promotional Codes

Promotional codes must be entered in the relevant section of the order process. We are unable to apply a promotional code to orders already placed.

Promotional codes are usually restricted to one use per customer and should not be passed on to additional recipients.

Promotional codes may also be set to a maximum number of redemptions - if we are not able to accept the promotional code you have entered it will be because the code has expired or the maximum redemption level for promotion has been met. We will advise you accordingly in the order process and the discount will not be applied.

Selected promotional codes may be restricted for use against specified products or services - details of any restrictions will be communicated at the point where we promote the promotional code to you.

Promotional codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.

Promotional codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the promotional code you have entered.

We cannot be held responsible for non-availability of Websites which may prevent use of promotional codes.

Changes to these terms of use may be made at any time.

BraineHealth promotional codes may not be valid for higher level of memberships - details of any such restrictions will be communicated at the point where we promote the promotional code to you.

General

We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Website from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Website. Changes will be effective 12 hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.

Additionally, we reserve the right to suspend, restrict or terminate access to the Website and/or our services for any reason at any time.

These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, General Data Protection Regulation. We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.

In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.

Your purchase will be deemed to have occurred in Sweden. These Terms and Conditions shall be governed by and construed in accordance with Swedish Law and the parties agree to submit to the exclusive jurisdiction of the Swedish courts.

My Account Service

The BraineHealth "My Account" service (also referred to as the "Service" hereafter) is provided as a complimentary feature by BraineHealth for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.

To register with the Service you must be eighteen (18) years of age or over.

When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).

If BraineHealth has reason to believe that there is likely to be a breach of security or misuse of the Service or Website, we may require you to change your password, or may suspend your use of the Service.

You must ensure that the details you provide on registration or at any time are correct and complete.

You must inform us immediately of any changes to the personal information that you provided when registering. Updates can be made at any time by going to the tabs "Addresses", "Payment Methods" or "Account Details" in My Account. This will help us to ensure that the Service we provide is accurate and up to date.

Use of the Service is intended to assist with purchases made via the Website. The Service must not be used for the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Website.

BraineHealth reserves the right to refuse to post material on the Website or to remove material already posted.

Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of the Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.

Your access to the Website and Service may occasionally be restricted to allow for routine maintenance.

These terms and conditions operate in conjunction with general Terms & Conditions of the Website governing overall use and order placement. We are committed to protecting your privacy; further information is contained within our Privacy Policy.

If you have any queries please contact us using the contact details below:

  • By email: contact@brainehealth.com
  • By post: Customer Contact Centre, BraineHealth AB, Kaserngatan 1, Stockholm County, SE-761 46 Norrtälje, SWEDEN

We have obligations in relation to your personal information under the General Data Protection Regulation. Some of the information you provide may be "sensitive" information under the act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexuality etc.). By registering for the Service and providing your details, you agree to us using information in the way set out above.

Social Media Terms of Use Policy

The following Terms of Use Policy applies to anyone accessing or posting to BraineHealths social media sites or blog. BraineHealth´s social media sites are defined as the following channels:

Facebook BraineHealth

Inempathy

Diagnosio


By using or accessing any of BraineHealths social media sites, you agree to comply with this Terms of Use Policy as well as other engagement rules as defined by the individual social media platforms (e.g. Facebook Statement of Rights and Responsibilities, Twitter Terms of Use etc.).

You must be aged 18 or over to post to an BraineHealth´s social media site.

By posting to an BraineHealth social media site, you agree to be solely responsible for the content of all information you contribute, link to or otherwise upload.

You agree that everything you post shall be truthful, accurate, not misleading and offered in good faith and that you have the right to post such content.

You agree not to post any of the following:

  • False, misleading or deceptive comments.
  • Materials that contains confidential material or violates a third party’s right of privacy.
  • Any photos or comments that include or depict profanity, pornography, threats, hate speech, incite violence, personal attacks, illegal statements or unsafe practices.
  • Content attempting to impersonate someone else including, but not limited to, customers, clients, Interflora employees, member florists, suppliers, partners or other community members.
  • Unauthorised commercial communications (spam).
  • Viruses or other malicious codes.

By posting to an BraineHealth social media site, you agree to be respectful to other community members as well as BraineHealth’s community management team.

BraineHealth reserves the right to moderate content posted on its social media sites.

Any posts not in line with this Terms of Use Policy will either be deleted or not posted, as determined solely by BraineHealth.

BraineHealth reserves the right to remove or report any posts which could be deemed inappropriate or offensive.

Repeated violations of this Terms of Use Policy may result in a user being banned or blocked from BraineHealth’s social media sites and reported to the appropriate social media platforms.

Any threats made against individuals or property will be reported to the police.

Be smart about protecting yourself, your privacy and the privacy of others. What you publish is widely accessible and may be around for a long time, so carefully consider what you post.

Do not post personal or sensitive information about yourself or others, including bank account information, information that may be used to locate yourself or another, or information which could otherwise be deemed to constitute an invasion of another’s privacy.

BraineHealth assumes no liability for errors or omissions in any material on BraineHealth social media sites.

For any content you post on BraineHealth’s social media sites, you warrant that it is your own original work or if it is covered by intellectual property rights owned by third parties, you represent and warrant that you have obtained all rights to that third party content and specifically grant to BraineHealth a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right and license to exercise all copyright, publicity, moral rights and any other IP rights with respect to any such content you provide.

BraineHealth welcomes feedback about its products and services. If you contact us about a complaint on our social media sites, you will be responded to by a member of the online customer service team who will endeavour to reply to and resolve your complaint in a timely manner in accordance with our Customer Services Policy.

We have a zero tolerance approach to customers who use abusive or threatening language and will take action to protect its online customer service team including removing offensive posts and reporting the user to the appropriate social media platforms and, if deemed necessary, the police.