END USER LICENSE AGREEMENT

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.cosmatherapy.co.uk and www.cosmatherpay.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Blog” means a blog hosted on Our Site, created by a User, containing Post(s) submitted by that User;
“Comment” means a comment on a Blog or Post on Our Site made by a User;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Forum” means a discussion forum hosted on Our Site;
“System” means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and Forums;
“Post” means a post created by a User in a Blog on Our Site;
“User Content” means any content submitted to Our Site by Users including, but not limited to, <>;

“User” means a user of Our Site; and
“We/Us/Our” means a company registered in England under Companies House number 09544910, whose registered and main trading address is 175 Meadow Lane, Loughborough, England, LE11 1NF.

2. Information About Us
2.1 Our Sites, www.cosmatherapy.co.uk and www.cosmatherpay.com, are owned and operated by Brainberry LTD, a limited company registered in England & Wales under Companies House number 09544910, whose registered and main trading address is 175 Meadow Lane, Loughborough, England, LE11 1NF. Our VAT number is GB 292221811.

3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts
4.1 Certain parts of Our Site (including the ability to create Blogs and Posts) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of <>. It is your responsibility to keep your password safe. You must not share your Account with anyone else part from your carer and people who will support you with the therapy. If you believe your Account is being used without your permission, please contact Us immediately at Contact Us. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close your Account, any Blogs or Posts you have created on Our Site will be deleted. Any Comments you have made on other Users’ Blogs or Posts will be anonymised by “removing your username and profile details.

5. Intellectual Property Rights
5.1 With the exception of the content of Blogs and Posts (see Clause 6), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including the content of Blogs and Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Blogs, Posts and Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used).
5.3 For personal use (including research and private study) only, you may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print [one copy of any] page[s] from Our Site;
5.3.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
5.3.5 Save pages from Our Site for later and/or offline viewing; and
5.3.6 View and use other Users’ Blogs, Posts and Comments in accordance with Clause 7.
5.4 You may not use any Content (including Blogs, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers].
5.5 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
5.6 Subject to sub-Clause[s] 5.3 [and 5.7] and Clause 7 (governing Blogs, Posts and Comments) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so. For further information, please contact Us at Contact Us.
5.7 Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
5.8 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. Acceptable Usage Policy
6.1 You may only use Our Site (including, but not limited to, the creation of Blogs, Posts, and Comments) in a manner that is lawful and that complies with the provisions of this Clause 20. Specifically:
6.1.1 you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
6.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
6.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
6.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
6.2 When creating Blogs, Posts, or Comments and When submitting Posts (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
6.3 you must not post, communicate, or otherwise do anything that:
6.3.1 [is sexually explicit;
6.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.3.3 promotes violence;
6.3.4 promotes or assists in any form of unlawful activity;
6.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
6.3.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.3.7 is calculated or is otherwise likely to deceive;
6.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
6.3.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
6.3.10 implies any form of affiliation with Us where none exists;
6.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
6.3.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.4 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
6.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
6.4.2 remove any content submitted by you that violates this Acceptable Usage Policy;
6.4.3 issue you with a written warning;
6.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
6.4.5 take further legal action against you as appropriate;
6.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6.4.7 any other actions that We deem reasonably appropriate (and lawful).
6.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Site.

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at Contact Us for further information.
7.4 You may not link to Our Site from any other site the content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.5 The content restrictions in sub-Clause 9.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 9.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Advertising
9.1 We may feature advertising on Our Site and We reserve the right to display advertising on your Blog.
9.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
9.3 We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights
10.1 Nothing on Our Site constitutes 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 any healthcare advise.
10.2 Insofar as is permitted by law, We make 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.
10.3 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, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.4 We make reasonable efforts to ensure that Our 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.
10.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Blogs, Posts, or Comments submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

11. Our Liability
11.1 The provisions of this Clause 11 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or contained in Blogs, Posts, or Comments created by Users) included on Our Site.
11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Blogs, Posts, or Comments created by Users) included on Our Site.
11.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including any provided in Blogs, Posts, or Comments) from it) or any other site referred to on Our Site.
11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Viruses, Malware and Security
12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded to Our Site by Users for viruses and malware.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

13. Privacy and Cookies
13.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

14. Data Protection
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

15. Communications from Us
15.1 If you have an Account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your Account preferences or unsubscribe from the marketing list from the marketing email received. If you opt out of receiving emails from Us at any time, it may take up to 48 hours for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at Contact Us.

16. Changes to these Terms and Conditions
16.1 We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

17. Contacting Us
To contact Us, please email Us at support from the website or using any of the methods provided on Our contact page at Contact Us.

18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non- exclusive jurisdiction of the courts of England & Wales.

WEBSITE TERMS OF USE

19. User Content
19.1 User Content on Our Site includes (but is not necessarily limited to) < 19.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
19.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
19.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
19.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
19.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted OR anonymised by removing your username and profile. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
19.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

20. Blogs, Posts and Comments
20.1 An Account is required if you wish to create a Blog, submit Posts, and/or Comment on other Users’ Blogs and Posts. Please refer to Clause 4 for more information.
20.2 You agree that you will be solely responsible for your Blog(s) and Posts and for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Blog(s), Posts, or Comments comply with Our Acceptable Usage Policy, detailed below in Clause 8.
20.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
20.4 You (or your licensors, as appropriate) retain ownership of the content of your Blog(s), Posts and Comments, and all intellectual property rights subsisting therein. When you create a Blog, Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Blog, Post or Comment for the purposes of operating or promoting Our Site.
20.5 If you wish to remove a Blog or Post, you may do so by deleting the content from your account. The Blog or Post in question will be deleted from Our Site, however due to the functionality of Our Site, any reblogs, quotes etc. of your content will remain. Please note that caching or references to your Blog or Post may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
20.6 If you wish to remove a Comment, you may do so by so by deleting the content from your account. The Comment in question will be deleted OR anonymised by removing your username and profile. Please note, however, that caching or references to your Comment may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
20.7 We may reject, reclassify, or remove any Blogs, Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blog, Post or Comment in question should be removed as a result.

21. Intellectual Property Rights and Use of Other Users’ Blogs, Posts and Comments
21.1 The content of Blogs, Posts, and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comment in question. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.
21.2 You may copy and share (reblog) parts of other Users’ Posts and/or Comments within Our Site, provided that the original User is credited. If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.
21.3 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

WEBSITE UPLOAD TERMS OF USE

22. User Content
22.1 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
22.2 The provisions of this Clause 22 apply only to the use of website account Site www.cosmaonline.com or www.cosmaapp.com as an account holder and not to the website terms of use, which is governed separately by Our Website Terms of Sale.
22.3 User Content after login as an account holder includes (but is not necessarily limited to) your personal pictures, life events and pictures that are personal and private.
22.4 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
22.5 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
22.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
22.7 We may reject, reclassify, or remove any User Content from your account where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

23. Forum Posts
23.1 An Account is required if you wish to submit Posts to Our Forum(s). Please refer to Clause 4 for more information.
23.2 You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
23.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
23.4 You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein. By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our Site and Forum(s). Other Users may also quote, share etc. your Posts within Our Site and otherwise in accordance with the provisions of Clause 5.
23.5 If you wish to remove a Post, you may do so by deleting your post from your account. Your Post will be anonymised by removing your username and profile, however due to the functionality of Our Site, any quotes, shares etc. of your Post will remain. Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
23.6 We may reject, reclassify, or remove any Posts submitted to Our Site where, in Our sole opinion, the content of those Posts violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.

PRIVACY POLICY

BACKGROUND:

BrainBerry Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, BrainBerry Ltd (“our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is indicated by your use of Our Site.

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

 

“Account” means an account required to access and/or use certain areas and features of our Site;
“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in Part 14, below; and
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

 

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

  1. What Is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

  1. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
  2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we Please contact us using the details in Part 15 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
  8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  9. Rights relating to automated decision-making and profiling.
  10. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves however, so please contact us first, using the details in Part 15.

  1. What Data Do You Collect and How?

Depending upon your use of our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookies Policy. we do not collect any personal data relating to children and data relating to criminal convictions and/or offences. 

Website Data Collected
Data Collected How We Collect the Data
Contact information including insert data collected, e.g. address, email address, telephone number. We collect from Sign Up form, Contact forms, enquiry form, return form and support forms for the necessary communications and usage of our website and products
Business information including insert data collected, e.g. business name, job title, profession. NOT COLLECTED
Payment information including data collected, e.g. card details, bank account numbers. Stripe & Paypal Payment gateway used to collect the datas for the subscription renewal to our plans
Profile information including insert data collected, e.g. preferences, interests, login details, purchase history. Via our website backend systems for the user to maintaining their account with us and subsequent communication based on the datas stored
Technical information including insert data collected, e.g. IP address, browser type and version, operating system. We collect from Google Analytics and Forms to provide the user best experience.
Data from third parties including insert data collected, e.g. technical information, contact information, profile information. Payment gateway providers stripe and paypal for processing the payment information and subscription provider paid memberships pro  for maintaining subscription
General information including location, demographics, device used, time etc., This data is collected as your browse our website. And you can minimise the data collection as appropriate by making your cookies preferences.
Upload Website Data Collected

Identity Information about first and last name, age, sex, religion, diagnosis, stage and username.

 

As soon as you add your personal information in your profile details, your information will be automatically collected and stored for your username account. This information is automatically updated when you decide to update your profile details. This information is securely stored in an online storage database accessed by BrainBerry Ltd. This information will not be shared with any-other third parties or if shared for research/statistical analysis the personally identifying information will be made anonymous.

 

Profile information including login details, medication reminders, daily life routine i.e. sleeping time, lunch time etc.

 

As soon as you fill in the behavioural assessment and medication reminders section in your personal COSMA profile, your details will be automatically stored in your COSMA profile. This information is securely stored in an online storage database accessed by BrainBerry Ltd. This information will not be shared with any-other third parties or if shared for research/statistical analysis the personally identifying information will be made anonymous.

 

 

Personal pictures, life events, private information and music

 

All your personal pictures and music will be stored in your personal profile and you can change those pictures and music or add more in your profile. This information is securely stored in encrypted online storage databases accessed by BrainBerry Ltd. This information will not be shared with any other third-parties.

 

 

  1. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

What we Do What Data we Use our Lawful Basis
Registering you on our Site. Name, Email ID, Phone Number, Address, Card details, username and password you provide on registration.  “legitimate interests” – registering the product and subscription on your name for the time period of the plan selected with us and necessary communication
Providing and managing your Account. User details you provide for accessing the account and its corresponding details like address and contact details  “legitimate interests” – managing the product and subscription on your name for the time period of the plan selected with us and necessary communication
Providing and managing your access to our Site. User details you provide for accessing the account and its corresponding details like address and contact details  “legitimate interests” – managing the product and subscription on your name for the time period of the plan selected with us and necessary communication
Personalising and tailoring your experience on our Site. IP Address, Age group, browser version, operating system To give you better user experience and tailored offers.
Administering our Site. Username and password you select and its corresponding details like address and contact details  “legitimate interests” – managing the product and subscription on your name for the time period of the plan selected with us and necessary communication
Administering our business User details you provide for accessing the account and its corresponding details like address and contact details  “legitimate interests” – for supplying our services and products to you.
Supplying our products AND/OR services to you. User details you provide for accessing the account and its corresponding details like address and contact details  “legitimate interests” – sending you our products and services through our website
Managing payments for our products AND/OR services. Credit card details  “legitimate interests” – managing the product and subscription on your name for the time period of the plan selected with us and necessary communication via paypal and stripe
Personalising and tailoring our products AND/OR services for you. Age group, country, type of medical condition, personal pictures, life event information’s.  “legitimate interests” – sending you our products with optimized version and services through our website
Communicating with you. Name, Email ID, Phone Number, Address, Card details, username and password you select.  “legitimate interests” – managing the product and subscription on your name for the time period of the plan selected with us and necessary communication
Supplying you with information by email that you have opted-in-to (you may opt-out at any time by <<mail optout function or contact forms>>. Name, Email ID, Phone Number, Address you provide with us  “legitimate interests” – communication regarding products and services offered by us.
User Details on Site Name, Email, username, display name

 “legitimate interests” –  User details provided in the site are collected as secured authorization token on cookie based authenticiation on our services and products in the websites cosmatherapy.com and cosmaonline.com.

 

By EU GDPR law we are obliged to inform all customers and subscribers of their ability to opt out of our communications at all times.  These instructions will be visible on electronic communications and details on how to request removal from the database will be on the website.

 

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by either email, telephone, text message or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. we will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third Parties content that appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

we use the following automated system[s] for carrying out certain kinds of [decision-making AND/OR [profiling]. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so. Please contact us to find out more using the details in Part 15.

  • The following automated decision-making method(s) may be used:
    • automated decision-making may be made for understanding the user likeness of the website and products to change the services in order to provide personalised service to the provider with their consent to collect the data required.
  • The following automated profiling may take place:
    • To analyse the dementia patient group for further research purposes and development of new products and service. The profiling will be also cared on to provide personalised product to an user as per the subscription requirement. The personal data collected from cosmaonline.com is collected only after the user provides consent to the form.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

 

  1. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods, the following factors will be used to determine how long it is kept):

 

Website Data Collected
Data Collected How Long we Keep It
Contact information including insert data collected, e.g. address, email address, telephone number. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
Business information including insert data collected, e.g. business name, job title, profession. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
Payment information including data collected, e.g. card details, bank account numbers. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will delete your  data immediately. However, sometimes, it may take upto one month before we clear the cache from the database.
Profile information including insert data collected, e.g. preferences, interests, login details, purchase history. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
Technical information including insert data collected, e.g. IP address, browser type and version, operating system. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
Data from third parties including insert data collected, e.g. technical information, contact information, profile information. The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
General information including location, demographics, device used, time etc., The data will be kept securely with us as long as you continue to subscribe with us. Once, you unsubscribe we will hold for data for maximum 5 years for market research purposes.
Upload Website Data Collected

Identity Information about first and last name, age, sex, religion, diagnosis, stage and username.

 

The analytical and user data collected will be keptindefinitely  for scientific and research purposes with anonymous identification.

 

Profile information including login details, medication reminders, daily life routine i.e. sleeping time, lunch time etc.

 

The analytical and user data collected will be keptindefinitely  for scientific and research purposes with anonymous identification.

 

Personal pictures, life events, private information and music

 

Once you delete you account, this information will be immediately deleted from our database within 1 month time. However, the analytical and cognitive data collected from the COSMA app will be kept indefinitely  for scientific and research purposes anonymous identification.

 

  1. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

we share your data within the group of companies of which we are a part. Where this involves the transfer of personal data outside the EEA, our group ensures that personal data is protected by requiring all companies within the group to follow the same rules with respect to personal data usage. These are known as “binding corporate rules”. More information on binding corporate rules is available from the European Commission.

AND

We may use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission.

Please contact us using the details below in Part 15 for further information about the particular data protection mechanism[s] used by us when transferring your personal data to a third country.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

  • limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
  • procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;
  1. Do You Share My Personal Data?

We may share your personal data with other companies in our group for support and IT Maintenance. This includes our exclusive subcontractor who provide exclusive support to BrainBerry Ltd.

we may sometimes contract with the following third parties to supply certain products and services.

Recipient Activity Carried Out Sector Location
DataBase & Server Maintenance Server & Database Administration and encrypted Security Maintenance. Support Service India.

 

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

  1. How Can I Control My Personal Data?
    • In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details and by managing your Account.
    • You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
  1. Can I Withhold Information?

You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 and our Cookies Policy.

  1. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 30 days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

  1. How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products and/or services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on our Site for <<insert description of use(s) of third-party cookies>>. For more details, please refer to the table below. These Cookies are not integral to the functioning of our Site and your use and experience of our Site will not be impaired by refusing consent to them.

All Cookies used by and on our Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a banner at the bottom of our site requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.

Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them. Please visit our Cookies Policy to find out further details about the cookies placed on your computer or device.

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

  1. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details for the attention of our support team:

Email address: Contact Us

Postal Address: 175, ETS Building, Meadow Lane, Loughborough,

United Kingdom, LE11 1NF.

  1. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on September 2020.

TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website  www.cosmatherapy.com  (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 6;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means the goodwill guarantee offered by BrainBerry Ltd , a limited company registered in England under 09544910, whose registered address 175, Meadow Lane, Loughborough, LE11 1NF, United Kingdom

 

 

  1. Age Restrictions
    • Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
    • None of the Goods on Our Site may be purchased by anyone under 18 years of age.
  2. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business.  If you are a business customer, please consult our Business Terms of Sale by contacting us via Contact Us.

 

  1. International Customers

Please note that We only deliver within the United Kingdom at this

 

  1. Goods, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
      • Images of Goods are for illustrative purposes only.There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
      • Due to the nature of the Goods sold through Our Site, there may be up to a 2% variance in the size, capacity, dimensions, measurements, weight, of those Goods between the actual Goods and the description.
    • Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
    • Where appropriate, you may be required to select the required colour, number or subscription package of the Goods that you are purchasing.
    • Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  The goods include an android device and refer to Limited Warranty for Devices sections and COSMA software subscriptions for which please refer to Payment in Clause 7.
    • In some cases, as described in the relevant product descriptions, we may also make more significant changes to certain Goods or to the price of those Goods. If We do so, we will inform you at least 14 days in advance of the changes becoming effective.  If you are not happy with the changes, you may end the Contract as described below in sub-Clause 13.1.
    • We may from time to time withdraw certain products from sale. If any Goods purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, we will inform you in writing at least 14 days in advance.  You will be refunded in full for any Goods paid for that you will not receive due to their withdrawal.  Refunds will be made within 14 calendar days of withdrawal, using the same payment method that you used when ordering the Goods.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every quarterly. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.10 regarding VAT, however).
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, we will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.
    • In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • Delivery charges are included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, we will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date(s);
      • If your Order is for the regular delivery of Goods by subscription, details of your subscription, including its duration.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, we will explain why in writing. No payment will be taken under normal circumstances.  If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

  1. Payment
    • Payment for Goods and related delivery charges must always be made in advance. The Goods as part of an ongoing subscription, you will be billed in advance and setup to recurring billing as per your chosen subscription which will be deducted automatically until you cancel the subscription.
    • We accept the following methods of payment on Our Site:
      • Visa, Mastercard or American Express which passes via secured Stripe Payment Gateway;
      • PayPal Gateway
    • If you believe that We have charged you an incorrect amount, please Contact Us as soon as reasonably possible to let us know.

 

  1. Delivery, Risk and Ownership
    • All Goods purchased through Our Site will normally be delivered as follows:
      • For one-off purchases, Goods will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14);
      • For the ongoing supply of Goods by subscription, Goods will normally be delivered on the dates specified in your Order Confirmation and We will continue delivering the Goods until your subscription expires, or until it is ended either by you or us.
    • If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
    • In the unlikely event that we fail to deliver the Goods on time, as described in sub-Clause 10.1, if any of the following apply you may treat the Contract as being at an end immediately:
      • We have refused to deliver your Goods; or
      • In light of all relevant circumstances, delivery within that time period was essential; or
      • You told Us when ordering the Goods that delivery within that time period was essential.
    • If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date for the Goods in question. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
    • You may cancel some or all of the Goods under sub-Clauses 10.3 or 10.4 provided that separating the Goods is possible and would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, we will bear the cost of returning the cancelled Goods.
    • In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:
      • To fix technical problems with the Goods or to make necessary minor technical changes;
      • To update the Goods to comply with relevant changes in the law or other regulatory requirements;
      • To make more significant changes to the Goods, as described above in sub-Clause 7.5.
    • If We need to suspend delivery of the Goods for any of the reasons set out in sub-Clause 10.6, We will inform you in advance of the suspension and explain why it is necessary (unless we need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension). No payment will be taken from you while delivery is suspended (unless the period of suspension is less than 14 days).  If suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in sub-Clause 13.2.
    • We may suspend delivery of the Goods if We do not receive payment on time for those Goods from you. We will inform you of the non-payment on the due date, however if you do not make payment within 14 days of Our notice, We may suspend delivery of the Goods until We have received all outstanding sums due from you.  If We do suspend delivery of the Goods, we will inform you of the suspension.  You will not be charged for any Goods while delivery is suspended.  If you have contacted Us to dispute any charges in good faith (see sub-Clause 9.5) We will not suspend delivery of the Goods.
    • Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
    • Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges) for those Goods.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

 

  1. Faulty, Damaged or Incorrect Goods
    • By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at Contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
      • Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
      • If you do not wish to reject the Goods, or if the 14-calendar day rejection period has expired, you may request a repair of the Goods or a replacement.We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 14 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
      • If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
      • If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
      • Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund.Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
    • Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return Goods to Us under this Clause 9 merely because you have changed your mind.  If you are a consumer you have a legal right to a 14 calendar day cooling-off period within which you can cancel and return Goods for this reason.  Please refer to Clause 12 for more details.
    • To return Goods to Us for any reason under this Clause 9, please visit the returns page on your profile page to complete a returns form. We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 7 calendar days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause 11 will include all delivery costs for the affected Goods.
    • Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
    • For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Cancelling and Returning Goods if You Change Your Mind
    • If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.
    • The legal cooling-off period within which you may change your mind, cancel, and return the Goods as detailed below.
      • If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
      • If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
      • If the Goods are being delivered on a regular basis under a subscription, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the first delivery of Goods.
    • If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience we offer a cancellation form on your account site. Cancellation by email or from your account is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
    • In each case, providing Us with your name, address, email address, telephone number, and Order Number is necessary.
    • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
    • Please note that you may lose your legal right to cancel under this Clause 10 in the following circumstances:
      • If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
      • If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
      • If the Goods have been personalised or custom-made for you;
      • If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
    • Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 10.
    • You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at BrainBerry, 175 ETS Building, Meadow Lane, Loughborough, LE11 1NF. Please visit the returns page on your account site to complete a returns form. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 10. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
    • Refunds under this Clause 10 will be issued to you within 14 calendar days of the following:
      • The day on which We receive the Goods back; or
      • The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
      • If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
      • If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
    • Refunds under this Clause 10 may be subject to deductions in the following circumstances:
      • Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
      • Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

 

  1. Your Other Rights to End the Contract
    • You may end the Contract anytime only after 3 month of the subscription even if We have informed you of a forthcoming change to the Goods that you do not agree to, as described in sub-Clause 5.5.
    • If We have suspended delivery of the Goods for more than 30 days, or We have informed you that We are going to suspend delivery for more than 30 days, you may end the Contract, as described in sub-Clause 8.7.
    • If you no longer wish to receive Goods from Us and wish to end your subscription before your subscription period is complete you may do so by only after 3 months of your initial subscription either by contacting Us or using the cancellation form in your my accounts.. Your cancellation will be effective immediately on which date you contact Us.
    • You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
    • If you wish to exercise your right to cancel under this Clause 11, you may do so in any way you wish, however for your convenience We offer a cancellation form on your account site which will not be active or locked during the first 3 months of your subscription period.
    • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

 

  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
    • If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that we cannot minimise the delay, our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      • If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation.Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
      • If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation on your account.
      • In each case, providing Us with your name, address, email address, telephone number, and Order Number.Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

 

  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by email at Contact Us
    • For matters relating the Goods, your Order, cancellations or return please contact Us by email at Contact Us, or by through your account for cancellation and/or return of goods.

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from BrainBerry Ltd.
    • If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      • By email, addressed to the compliant team at Contact Us;
      • Using Our complaints form, following the instructions included with the form which can be accessed from your account.

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  This is subject to sub-Clause 19.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

 

 

 

Limited Warranty For The COSMA Android Device

Dead on Arrival Products.  If you are the original purchaser of a COSMA Android Device from BrainBerry or an authorised BrainBerry retailer and the COSMA Android Device is Dead on Arrival (namely, when you first attempted to use the product after opening the box, it demonstrated hardware failure, preventing even basic operability), the COSMA Android Device may be returned by you to us within fourteen (14) days of your original purchase. 

If we verify that you were the original purchaser of the product and the product was Dead on Arrival, we will offer you the following options at our expense:

(a) ship you a replacement product; or

(b) service the product, in which case you will not have the right to replacement. 

To be eligible to return any Dead on Arrival product to us, you must follow the warranty claim process set out below.

Manufacturer Defects. Your COSMA Android Device is warranted by BrainBerry Inc. and/or its affiliates (“BrainBerry”) to be free of defects in materials or workmanship, under normal use, for a period of one (1) year from the date of your original purchase of the new COSMA Android Device except to the extent a longer period is required by applicable law (the “Warranty Period”). This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, user abuse or proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of the COSMA Android Device with accessories, products, services or software applications not expressly approved or provided by BrainBerry, (vi) use of the COSMA Android Device in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by BrainBerry or (vi) other causes which are not defects in materials or workmanship of the COSMA Android Device.

This warranty does not cover: (a) used or refurbished products; (b) products provided as a “sample”, “AS IS” or “complimentary”; (c) any third party products BrainBerry sells; or (d) any accessories for the COSMA Android Device.

The warranty only extends to new COSMA Android Devices purchased by you from BrainBerry or an authorised BrainBerry retailer.

If there is a covered defect with the COSMA Android Device, BrainBerry will, at its discretion, repair (with new or refurbished parts) or replace (with new or refurbished product) your COSMA Android Device free of charge, or will issue you with a refund. The Warranty Period for the repaired or replaced COSMA Android Device will expire upon the expiration of the original Warranty Period (except to the extent BrainBerry is expressly required by law to provide you a longer Warranty Period for the repaired or replaced COSMA Android Device).

This warranty is a hardware only warranty that is limited to the COSMA Android Device and does not cover any software made available, shipped, pre-loaded, or distributed by BrainBerry or any third party, even if the software is packaged or sold with the product, or available for the product at a later time.  Software license agreements apply to your use of software associated with the COSMA Android Device. The software license for COSMA proprietary software to be used with the COSMA Android Device is described in the applicable BrainBerry end user license agreement.

To be eligible to return any defective COSMA Android Device to us, you must follow the warranty claim process set out below.

Warranty Claim Process.  To be eligible to return any COSMA Android Device to us, you must have a Dead-on Arrival product or a COSMA Android Device with a manufacturer’s defect and you must:

(1) prior to shipping the COSMA Android Device to us, contact us through The Return form from your account and obtain a Return Material Authorisation (RMA) number, shipping address and other instructions.    The RMA number must be included with your COSMA Android Device return.

(2) provide us valid proof of your original purchase

(3) package the COSMA Android Device in the original, unmarked packaging together with all accessories, manuals, and documentation (unless otherwise requested by BrainBerry)

(4) include a description of the reason for the COSMA Android Device return.

If we determine that there was no valid reason for returning the Limited Warranty For The COSMA Android Device

If we determine that there was no valid reason for returning the COSMA Android Device to us (i.e. it was not Dead on Arrival or did not have a manufacturer’s defect), we may, at our discretion, refuse to accept the COSMA Android Device or return the COSMA Android Device to you and charge you a £200 handling fee.

 

Have more questions?

 

If you have any other questions about how COSMA can help you, a loved one or your patients please get in touch here.

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