Terms and Conditions

PLEASE READ CAREFULLY

Terms and Conditions of Use including smartphone apps and any other relevant applications

Updated: December 2023

Preamble

The following terms and conditions of use for the internet platform “ondemand.cardiometabology.com” soon to be cmb365.education  and “cmbtv.cardiometabology.com” soon to be cmbtv.live, “cmbregistrations.uk” and “partners.cardiometabology.com” soon to be cmbclients.zone by the company MRKRMNM LTD t/a CMB Communications, 21 High View Close, Leicester, LE4 9LJ, hereafter referred to as “CMB”, form the basis of use of the internet platform and the services offered on it insofar as they require registration. The here specified “small print” enables not just our but also your (hereafter referred to as “you” or “user”) protection and provides an important foundation for a secure and safe use of our services. We therefore ask for your understanding that the use of our services is possible solely based on the following terms and conditions.

  1. Scope of Validity and Contractual Agreement
  2. These terms and conditions shall apply to all internet services requiring registration by the company MRKRMNM LTD t/a CMB Communications, 21 High View Close, Leicester, LE4 9LJ,(hereafter referred to as “CMB”), which are accessible via the URLs “ondemand.cardiometabology.com”, “cmbtv.cardiometabology.com”, “partners.cardiometabology.com” and “cmbregistrations.uk“. If you register with CMB as a member, you have to consent to these terms and conditions. After giving your consent and finishing registration, a legally binding contract comes into effect between you and CMB, based on these terms and conditions. CMB delivers its services exclusively based on these terms and conditions.
  3. Authoritative is the version of terms and conditions current at the time of conclusion of the contract. You will be notified of these in the course of the registration.
  4. These terms and conditions also apply when you use services offered from other websites that provide access to these services in full or in part.
  5. In addition to the terms and conditions there may be, depending on the type of use or status of the user, further contractual agreements. In case there are further agreements for the use of a CMB service, it will be clearly indicated where such agreements apply. In the event of contradictions between the regulations of these terms and conditions and the regulations in additional agreements, the latter have priority.
  6. Registration with CMB
  7. All of CMB’s services can only be accessed if you register. The registration as “general user” results from opening a user account, which requires your consent to these terms and conditions.
  8. The registration with CMB is free of charge.
  9. For the use and execution of the offered services, CMB has permission to obtain, store, process and use certain personal data of the user. Handling of your data is always carried out according to statutory regulations. More information about data protection in connection with the services offered by CMB can be found in our  Data Privacy Policy.
  10. During your registration you are obliged to provide truthful and complete details and to keep these details up-to-date. After your registration you will receive a confirmation e-mail to the e-mail address you provided us with. CMB will send you any notifications specified in the terms and conditions (e.g. changes in the terms and conditions, cancellation of access etc.) to the e-mail address provided by you.
  11. You must keep your access details secret all the time. You are solely responsible for any activities that are undertaken via your user account (more information see fig. V and VII).
  12. CMB reserves the right to decline registration requests. In this case, CMB can inform you via e-mail about the reasons for the decline; though it is not obliged to do so.

III. Services Offered by CMB, Utilisation of Content

  1. CMB provides an internet platform on which educational content covering various topic categories in the form of videos, screencasts and documents or in other forms (“educational content”) is offered and can be accessed.
  2. The services and educational content offered by CMB are provided free of charge, through third party sponsorship. The details of the sponsor and any sponsored symposium content will be clearly indicated. By registering to the platform you acknowledge you may be exposed to such content.
  3. The educations content offered on CMB, is only to be used by registered users for their own purpose according to the contractual agreements, meaning online on CMB and offline via the CMB On-Demand app or by other CMB provided mediums. A download by the user outside of the ways provided by CMB is illegal, no matter for what purpose. If content is available for download, the download is only allowed consistent with the communicated terms and conditions and is not allowed to be copied, used beyond the scope of the terms or assigned to third parties. The right to download does not imply a transfer or concession of intellectual property rights; all rights not expressly granted to the user remain reserved by CMB. Content available for download is always marked as such.
  4. To use the services offered by CMB you have to fulfil certain technical requirements that are not part of the services offered by CMB (in particular you need to have a computer with internet access and software that is required for the use of our services (e.g. internet browser, Flash plugins, etc.)).
  1. User Obligations
  2. You are obliged to keep your access details (username, password) secret and not to enable access to your account through third parties. Your user account cannot be transferred to third parties. Specifically, it is expressly forbidden to give third parties access to your user account and the services of CMB. You are obliged to inform CMB immediately if there are any indication for the abuse of your user account or when you receive the information that a third party has gained access to your account details without authority.
  3. You are obliged, when using CMB, to abide by the law and statutory provisions. Especially you are not allowed to publish or make accessible any content, material or information on CMB that breaches legal regulations and/or these terms and conditions. Especially the duplication, publishing and distribution (including via radio, TV or the internet) of CMB content (videos, downloads, other provided material), no matter in what form, is expressly forbidden. No copyright of any kind is transferred to you.
  4. You are not allowed, no matter in what way, to misuse the services. Misuse is present for example in the following cases:
    1. Use that goes beyond the personal purposes specified in the contract, especially use that requires the granting, transfer or exercise of copyrights;
    2. Publication or distribution of pornographic, obscene, sexist, defamatory, slanderous, insulting, threatening, seditious, or racist content, information, software or other material;
    3. Any kind of advertising for products or services, including the use of data for dissemination of advertising, as long as CMB has not explicitly given its written consent in advance; 
    4. Commercial use of the services offered by CMB, without CMB having given consent for commercial use in advance (e.g. indication of value adding service numbers or hyperlinks for internet offers requiring payment);
    5. Engaging in any activity that affects or could affect the functionality of services offered by CMB (for example through use of “robot”, “spider” or “offline reader” software to create automatic user requests via the internet; e-mail bombing; denial of service attacks; incorporation of harmful components like viruses, worms, Trojan horses etc.);
    6. Modification or distribution of elements of the offering, including elements by other users, that have not explicitly been made available to the user;
    7. Each use of the user feedback system that goes against the purpose of the feedback system. This especially implies the release of untrue or unjustified ratings, which e.g. are in no relation to the use and quality of the offered content or the service as such;
    8. Publication of contributions and information with deceptive and/or untruthful content.
    9. Liability of CMB
  5. CMB only assumes liability according to the following liability rules.
  6. Towards companies, CMB is only liable for claims if CMB’s legal agents, executive employees or any other executive assistants (auxiliary persons) have acted with intention or gross negligence, except for the case of breach of fundamental contractual obligations. In the case of breach of material contractual obligations, CMB is liable for negligence of its legal agents, executive employees or any other persons employed in performing an obligation.
  7. Towards consumers, CMB is only liable for damages in the case of intention and gross negligence. In the case of breach of material contractual obligations, CMB is liable for each culpable conduct.
  8. In the case of damages to assets or wealth caused by slight negligence, CMB provides indemnity in case of material breach of contract conditions. In such a case the liability for damage is limited to the amount foreseeable and typical for this type of contract at the time of the conclusion of the contract.
  9. Material contract obligations as aforementioned are duties which are fundamental for the due fulfillment and the observation of which the contractual partner can have justified trust in.
  10. The aforementioned liability exclusions and limitations of liability towards business clients or consumers do not come into force in the case of explicit warranties declared by CMB; in the case of willful misrepresentation and damage to life, body or health as well as obligatory legal regulations (e.g. claims under the Product Liability Act).
  11. Liability for data loss on your end will only be assumed under previously mentioned provisions.
  12. CMB shall not–except for the previous rules–be liable for the correctness, quality, completeness, reliability, nature or kind of information and content on its website or third party websites that are linked to from or mentioned on URLs “ondemand.cardiometabology.com” soon to be cmb365.education  and “cmbtv.cardiometabology.com” soon to be cmbtv.live, “cmbregistrations.uk” and “partners.cardiometabology.com” soon to be cmbclients.zone. Content that is not specifically marked as created by CMB itself belongs to the e-authors or other users. They do not reflect CMB’s opinion and are not reviewed and controlled by CMB. Liability claims against CMB which arise from physical or immaterial damage caused by the use or non-use of the offered information or through the use of erroneous and incomplete information exist only under the above provisions.
  13. Any further liability is excluded.
  14. The above liability exclusions apply both to contractual as well as to non-contractual claims. They also apply to employees of CMB.
  15. Terms of the Usage Agreement, Removal of Content and Use Exclusions
  16. The Usage Agreement is made for an indefinite period. Routine notice of termination may be given by either party within a period of three months towards the end of the month without giving reasons for cancellation. In all events, notice terminating the Usage Agreement must be given via e-mail to admin@cardiometabology.co.ukor in written form to CMB’s postal address mentioned in the preamble.
  17. The parties’ right to extraordinary termination of the usage relationship shall remain unaffected by the regulations in the terms of use. An important reason for extraordinary termination for CMB exists especially when you have given wrong details during the registration or/and if you have breached your obligations that arise through the terms of use, especially the ones listed in Sec. II.
  18. The service offering is in the discretion of CMB; all offers are non-binding and subject to change. CMB reserves the rights to change, add or delete–without giving reason–the content partly or completely or to stop the services temporarily or completely. In particular, CMB reserves the rights to limit the data storage made available for single services and/or the data transfer volume, as long as this doesn’t discriminate you contrary to the principle of good faith and trust. In case of dismissal of services already paid for that CMB has not fulfilled at the time of the dismissal, the services are refunded.
  19. If CMB obtains information indicating that you have breached your obligations in Sec. II or Sec. IV of these terms of use intentionally or negligently, CMB reserves the right without having to give reasons to cancel your access temporarily or permanently, to block or remove your content and/or to limit the use and functionality of the services. If your user account has been blocked, you can only obtain a new access to the services with written consent by CMB. CMB decides about your new access at its own discretion. 
  20. CMB also reserves the right to block your access without giving reasons if you haven’t used our services for a longer period of time and if the access is free of charge for you. In such a case, you can request a new access or register again.
  21. You have the right to delete your user account at any time without having to give reasons. To do so you must send an e-mail to admin@cmbcommunications.uk . The removal will then be implemented as soon as possible. If you wish for your personal data that was stored by CMB to be removed, you must send another e-mail to admin@cmbcommunications.uk.

VII. Changes to the Terms and Conditions

  1. Basis for the usage contract are the terms and conditions of the website during the registration of the user. CMB reserves the right to make subsequent changes to these terms and conditions, as long as this seems necessary and as long as this does not cause you significant and insufferable disadvantages that are contrary to the principle of good faith and trust.
  2. Subsequent changes to the terms and conditions normally serve to improve the services requiring registration offered by CMB in your interest. Changes can also be necessary due to changes in legislation and/or the implementation of laws and unforeseeable changes that CMB does not initiate and on which CMB has no influence and which would–without adjusting or adding to the terms of use–make the execution of the contract more difficult or impossible. Substantial deviations from the terms and conditions valid upon conclusion of the contract and fundamental changes to the user contract are explicitly excluded from the aforementioned right to amend and may only be made by consent between you and CMB.
  3. You will be notified in written form or electronically with a minimum of 4 weeks notice about any changes or additions to the terms and conditions. The changes or additions will become an effective part of the contract if you do not object within six weeks of the announcement and/or if you continue using any of our services that require registration after such time. If the user should object to the modifications, either party shall have the right to terminate the contract in accordance with the provisions for termination valid before the modifications. When announcing the modifications, CMB shall explicitly notify the user about his right to object and the consequences thereof.

VIII. Other Provisions

  1. Individual deviations and agreements with single users about changes and additions to the terms and conditions–including the waiver of form requirement–and all its components require a written form and the explicit mention that such agreements are changes or additions made to these terms and conditions. This also applies to possibly contradicting conditions of contract of a user.
  2. Should any or several provisions of this agreement be ineffective, the effectiveness of the agreement as a whole and the effectiveness of the other provisions shall remain unaffected. The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.
  3. The terms and conditions are subject to the law of England and Wales.
  4. If CMB waives the execution of these terms and conditions in particular cases, this does not imply a modification of the terms and conditions as such.

CMBTV On-DEMAND Mobile App

PLEASE READ CAREFULLY BEFORE CONTINUING. This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and MRKRMNM LTD (“CMB Communications”) of 21 High View Close, Leicester, LE4 9LJ, United Kingdom (“us” or “we”) for the CMBTV ON-DEMAND  mobile application software, all modules downloaded via the application, streamed via the application, the data supplied with the software, and the associated media (“App”). We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site (“App store”), you downloaded the App (“App Store Rules”). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements

This App is available for products running iOS and Android software. Although the App and any downloaded and streamed modules will reside on your device, you will need internet access in order to download and stream additional modules to the App or to benefit from other functionality and updates.

IMPORTANT NOTICE: BY DOWNLOADING THE APP AND CREATING AN ACCOUNT YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 8. If you do not agree to the terms of this licence, we will not license the App to you and you will not be able to access any modules or other functions of the App. By law, as a consumer you have the right, for any reason, to cancel a transaction within 14 days of entering into a contract, such as this licence. However, by agreeing to this licence, you expressly consent to being provided with access to the App straight away, and you acknowledge that you will lose your right to cancel the transaction once you agree to this licence. This does not affect your consumer rights for an app that is defective. You should print a copy of this EULA for future reference.

Agreed Terms

1. ACKNOWLEDGMENTS

1.1. The terms of this EULA apply to the App and to any of the services or functionality (including the operation modules available for download and to stream) accessible through the App (“Services”), including any updates that replace or supplement the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2. We may change these terms at any time by sending you an e-mail or in-App message with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3. From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.4. You will be assumed to have obtained permission from the owners of the mobile devices described in condition 3.2 (“Devices”) that are controlled, but not owned, by you to download a copy of the App onto these Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5. The terms of our privacy policy from time to time, available at https://ondemand.cardiometabology.com/privacy/ (“Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the App and the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to facilitate the provision of software updates or otherwise to improve our products and to provide any Services to you.

1.7. The App or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. You also acknowledge that, if we enable third parties to add content directly to the App or Services or to submit marketing messages or other communications within the App, we will not be responsible for such content, messages or communications. However, we will comply with the Privacy Policy in relation to any third party marketing, and will investigate promptly if we receive any complaints about third party content.

1.8. The App has been designed for users residing in the U.K and we make no representation that the App or Services are appropriate for, or permitted to be used in, any other location. You are therefore responsible for ensuring that you comply with all applicable laws in your location in relation to your downloading and use of the App and the Services. If we become aware of any legal or other risk associated with the availability of the App or the Services, whether in a particular location or more generally, we reserve the right to change, suspend, withdraw or disable access to the App or Services at any time without notice, and we shall have no liability to you in respect of such action.

1.9. You represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting country”; and you are not listed on any U.S. Government list of prohibited or restricted parties.

1.10. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

  1. TERMS RELATING TO APP STORES

2.1 We and you both acknowledge and agree that:

2.1.1 the EULA is concluded between you and CMB COMMUNICATIONS only, and not with the App Store providers;

2.1.2 we, not the App Store providers, are solely responsible for the App and the content thereof;

2.1.3 App Store providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App;

2.1.4 in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the app store provider, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

2.1.5 we, and not the App Store provider, are responsible for addressing any claims made by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and

2.1.6 The App Store provider, and subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, the app store provider will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

2.2 In the event of any failure of the App to conform to any applicable warranty, you may notify the app store provider, and the app store provider will refund the purchase price for the App to you, if any price has been paid. To the maximum extent permitted by applicable law, the app store provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

  1. GRANT AND SCOPE OF LICENSE

3.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules (including the Usage Rules), both of which are incorporated into this EULA by reference. We reserve all other rights.

3.2 You may download a copy of the App to, and view, use and display the App on, any device that you own or control for your personal purposes only, and as permitted by the Usage Rules.

  1. LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

4.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

4.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:is used only for the purpose of achieving interoperability of the App with another software program; is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App;

4.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

4.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;

4.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

4.8 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology“), together “Licence Restrictions“.

  1. ACCEPTABLE USE RESTRICTIONS

You must:

5.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

5.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);

5.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

5.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together “Acceptable Use Restrictions“.

  1. INTELLECTUAL PROPERTY RIGHTS

6.1 You acknowledge that all intellectual property rights in the App, the Technology and in all content, information and material made available to you via the App and Technology, wherever in the world such rights arise, belong to us, Apple, Android or our licensors, that these rights are licensed (not sold) to you, and that you have no rights in, or to, the App, Technology, content, information or material other than the right to use each of them in accordance with the terms of this EULA.

6.2 You acknowledge that you have no right to have access to the App in source-code form.

  1. NO WARRANTY

7.1 We do not offer or provide any warranties or representations in relation to the quality or performance of the App, nor do we guarantee that the App and Services will always be available or that access to them will be uninterrupted. Subject to condition.

7.2 We will not be liable to you if for any reason the App or Services do not perform as described or are unavailable at any time or for any period.

7.3 Nothing in this condition 7 detracts from any default legal rights you may have in relation to digital content or services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

  1. LIMITATION OF LIABILITY

8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

8.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up-to-date.

8.4 The content on the App is provided for educational, research, and reference purposes only. It has been created as an aid to patients to manage their care from home, and is not designed to replace or substitute real life medical care or the advice of a qualified health care professional and should not be used for these purposes. It is not intended to amount to advice on which you should rely. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the App. The content of the App has not been endorsed or approved by any governmental body or by any medical association or organisation.

8.5 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.7.

8.6 We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

8.7 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10. This does not apply to the types of loss set out in condition 8.8.

8.8 Nothing in this EULA shall limit or exclude our liability for:

8.8.1 death or personal injury resulting from our negligence;

8.8.2 fraud or fraudulent misrepresentation; and

8.8.3 any other liability that cannot be excluded or limited by English law.

8.9 If defective digital content that we have supplied damages a device or digital content belonging to you, then (at our discretion) we will either repair the damage or pay you compensation subject to condition 8.7. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We do not guarantee that the App or Services will be secure or free from bugs or viruses, and you should use your own virus protection software.

  1. TERMINATION

9.1 We may terminate this EULA immediately by written notice to you:

9.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

9.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restriction.

9.2 On termination for any reason:

9.2.1 all rights granted to you under this EULA shall cease;

9.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services; and

9.2.3 you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

  1. COMMUNICATION BETWEEN US

10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email at admin@cardiometabology.co.uk or by prepaid post to CMB Communications, 21 High View Close, Leicester, LE4 9LJ, United Kingdom. All questions, complaints or claims with respect to the App and the Services should be directed to us using these contact details, or any updated contact details that we provide from time to time. We will confirm receipt of your communication by contacting you in writing, normally by email.

10.2 If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us when downloading the App.

  1. OTHER IMPORTANT TERMS

11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.

11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

11.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

11.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction, to the extent that this is permitted by law, and subject to the following exceptions:

11.6.1 if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland; and

11.6.2 We shall have the right to bring proceedings for injunctive relief in any jurisdiction.