Stella Platform Terms and conditions |

Terms and conditions

We are Vira Health Limited (referred to as Vira, Vira Health, we, our and us), UK Company Registration Number: 12542209. Our registered office is at 22 Highbury Grove, Unit 401, London, United Kingdom N5 2EF.

Welcome to Stella, the digital health platform for menopausal women. We understand that menopause can be a complex time and the experience is different for everyone. Through our Stella app, Stella+ (or “StellaPlus”) service, and website (the “Services” or “Platforms”), we aim to build a community of women who are there to help one another by sharing their experiences and answering commonly asked questions that are less commonly answered and facilitate medical help, if appropriate.

Before you start using our Services we have to set out the rules which will govern our relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at hello@onstella.com

Section 1 – About us and these terms

THESE TERMS

These Terms govern your relationship with us when you access our Services and once you start using our Services you are taken to have understood and accepted them. These Terms will form a binding agreement between you and us so please read them carefully. You must be at least 18 years old to access our Platform.

We will refer to each person who is accessing our Services in any way (which includes taking our online menopause consultation (our Menopause Consultation)), as a User. Any User who purchases a subscription, medication, or any other available items through our Platform is a Customer. Vira Health partners with a pharmacy, Truepill UK (our Pharmacy Partner) to prescribe and dispense medication to Customers. Our Pharmacy Partner’s terms are set out below (the Pharmacy Partner Terms) and apply to all prescriptions and dispensing of medication to Customers by our Pharmacy Partner. When you are a Customer and you purchase medication using the Stella+ Platform, you are agreeing to the Partner Pharmacy Terms. We may also give Users the option to discuss getting HRT with a licenced medical practitioner to discuss your medication (a Doctor) after taking our Menopause Consultation.

You understand that Vira Health is legally separate from our Pharmacy Partner and all Doctors and are not responsible for their services or advice to you. This means that queries, complaints and/or disputes relating to the Stella+ service must be directed only to us, and that queries, complaints and/or disputes relating to prescriptions or dispensing of medication must be directed only to our Pharmacy Partner directly and/or matters relating to a consultation with a Doctor must be directed only to the relevant Doctor. If disputes relating to consultations with Doctors, prescriptions or dispensing of medication are directed to Vira, we will connect you directly to the relevant Doctor or our Pharmacy Partner as applicable. Any form of consultation with a Doctor or a pharmacist from our Pharmacy Partner is a consultation with them, and not Vira. Our Pharmacy Partner can be contacted at info@truepill.co.uk.

OTHER APPLICABLE TERMS

These Terms work alongside our privacy policy (the Privacy Policy). You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you via the Platform. Any disclaimers shown on our Platform are also to be read in conjunction with these Terms, and in case of any conflict with them, such disclaimers will take priority.

CHANGES TO THESE TERMS

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let account holders know what these significant changes are and you may contact us at hello@onstella.com if you have queries regarding these significant changes. By continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them so please check them from time to time.

Section 2 – Registration

To use and fully access the Services (other than what is available on the website before being prompted to create an Account), you will have to sign up to create an Account. You must not register more than once.

We reserve the right at our sole discretion to temporarily or permanently remove your Account from our Services if we believe it is appropriate or necessary to do so (for example if we suspect or identify that you are in breach of these Terms, such as if you are not at least 18 years of age).

All Users must provide truthful and accurate information when registering with us, in particular to enable us to provide suitable suggestions to you and to enable our Pharmacy Partner to safely issue prescriptions to you. We may independently verify your identity or other information provided. By registering with us, you agree: (i) any appointed third party and/or any of their appointed agents can carry out all necessary searches to verify your information and you acknowledge they will access your personal information for this purpose; and (ii) that you confirm to the best of your knowledge having exercised all due skill and care that the information you provide to us is true and correct.

Any incorrect or untruthful information provided may result in temporary or permanent expulsion from our Services, along with any other legal rights available to Vira in accordance with these Terms and applicable law (including where you have used a false or hidden identity to fraudulently access our Platform and our copyright). We reserve the right to take any action necessary with respect to your access to the Services as a result, including reporting you to relevant authorities or making a claim against you in certain severe situations.

You are responsible for looking after the security of your Account information (including your password) at all times and making sure that nobody other than you uses or accesses your Account. Please immediately notify us of any unauthorised use of your Account or any other breach of security relating to the Services. We are not responsible for any loss or damage caused by the disclosure of your Account details to someone else, whether to you or any other User interacting with you via the Services. You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

You must not register more than once.

Section 3 – The Services

STELLA

Stella is a digital wellness app focused on relief for the central pain points of menopause. It is not intended to provide healthcare, nor should the Service be considered medical advice. Only a physician or other healthcare provider can offer that.

Vira Health makes no claims, representations or guarantees that the Stella Service provides a health-related or therapeutic benefit. The Service should not be used in place of professional medical advice, as a substitute for proper and personalised professional medical advice or be used to make decisions about your health. We also cannot answer any medical queries either through the Service, email, or any other means.

Any advice or other materials in the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances.

The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions.

In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Services.

STELLA+

MENOPAUSE CONSULTATIONS

Once you have set up an Account, and provided you are eligible you will be able to access our online Menopause Consultation, which has been designed by clinicians and clinical advisors. You must be aged 40-60 years old and be a woman as defined by having been assigned the female sex at birth to be eligible to take our Menopause Consultation. While we support and respect people’s right to choose their own identity, and are working to make our service more inclusive to a broader age range, we have to set these limits for clinical safety and to adhere to clinical guidelines.

The results of the Menopause Consultation are provided on the basis of our proprietary algorithms which will assess matters such as the possible cause(s) of symptoms, suitability for HRT and the most suitable HRT options if so. The purposes of this Menopause Consultation is to enable women to:

  • get an assessment of their menopause status (e.g. are you perimenopausal, post menopausal, or not menopausal).
  • understand if their symptoms are more likely to be from causes other than menopause.
  • understand whether Hormone Replacement Therapy (HRT) is a suitable treatment option for them.
  • understand the lowest risk forms of HRT personalised to them.
  • understand other options for treating their menopause symptoms (e.g. lifestyle changes, diet changes).

Any use of the Menopause Consultation for any other purpose, including theft of our proprietary information, is strictly prohibited and will be actionable under applicable law. Menopause Consultations for different Users may serve different purposes and we do not guarantee any type of results, or that results will be conclusive, comprehensive or give a clear or obvious indication as to appropriate next steps for the particular individual. The results may provide some suggestions and ideas to improve symptoms, but all Users take responsibility to verify and cross-check their own symptoms against the results of the Menopause Consultation, and seek advice of a doctor where it would be sensible to do so. In some situations, we may suggest you seek support from a medical professional, but we may not always do so or be able to do so. For example, if your symptoms may not be due to menopause, our consultation may direct you to see a doctor as our consultation is only clinically validated to assess menopause symptoms.

Please note that as part of this process, we will require you to upload a photo ID to confirm your identity. We cannot be held responsible in any way where a User has falsified an ID, and any attempt to use a falsified ID is a material breach of these Terms, and may be reported to relevant authorities as an act of fraud.

PHARMACY PARTNER PRESCRIPTIONS

If the Menopause Consultation determines that the applicable User is a suitable candidate for HRT, then they will be able to purchase a prescription through the Platform for one of the suggested medications. Once a purchase has been processed through the Platform, we then share the applicable Customer and purchase data with our Pharmacy Partner. Our Pharmacy Partner will then review the User’s Menopause Consultation responses and results, and if it approves the prescription of the suggested medication on the basis of the information provided, then it will issue the prescription, and dispense and deliver the medication to the Customer’s nominated address. Please note that our Pharmacy Partner retains full professional discretion as to whether to create a prescription in any given circumstance, and if it determines that you should not receive a particular prescription which you have purchased, then you will be refunded for the relevant purchase. In such instances, our Pharmacy Partner will endeavour to provide reasoning and an alternative solution (which may include speaking to your doctor). Alternatively, a pharmacist from our Pharmacy Provider may get in touch to get more information from you. Please note you have not received a prescription until confirmed and approved through a pharmacist on behalf of our Pharmacy Partner. In all cases, pharmacists from our Pharmacy Partner hold the ultimate decision-making power to prescribe or not and they retain discretion in all cases to reject a prescription in their clinical judgment.

The Menopause Consultation, whilst designed by clinicians, is generic in nature and does not have your exhaustive medical records or history at its disposal when producing results. Therefore, it must not be used as a replacement or substitute for formal medical diagnosis or personal medical advice from your own doctor. You understand that the information contained in the results of a Menopause Consultation does not constitute medical advice and you will not rely on it as such. Where you do choose to access medications through Stella+ and our Pharmacy Partner, you agree that you have made your own decisions to do so, and where required, have the approval of your doctor to do so. You agree you are responsible for making your doctor aware of any new medications which you have been prescribed or have taken.

You promise that you will only provide truthful and accurate information in good faith in all Menopause Consultations, and any failure to do so (whether intentional or not) will impact the effectiveness and/or appropriateness of your results, and the suitability or safety of any prescription made out to you by our Pharmacy Partner. We are not responsible for consequences of you providing untruthful or inaccurate information and we will accept the information you provide “as is” and will be under no obligation to check or verify it (excluding in respect of ID documents). If you are uncertain about your responses to questions during the Menopause Consultation, then you may reach out to us for support or clarification, although if it relates to your personal medical condition then we will recommend that you contact your doctor.

Your further promise that you will only seek to obtain one prescription for the same medication at any one time and never seek to obtain medication for anyone but yourself (unless you are legally authorised to do so and you have explained this to us), or for amounts in excess of recommended or permitted dosages. As such, if you have purchased an order in accordance with section 4 and cancelled it, you may not place a new order for the same prescription within the same 3-month period and must wait until that period has expired.

DISCUSSING HRT WITH A DOCTOR

After completing a Menopause Consultation, Users may be given the option to book a call (a video consultation or traditional phone call) with a Doctor to discuss getting HRT. Users can register and confirm a booking for a consultation with a Doctor following the instructions on the Service with support of Vira’s team to coordinate available timings.

If you have made a consultation booking with a Doctor and cancel it 48 hours or less prior to the consultation, we reserve the right to charge you an administration fee of £50 for the missed appointment.

If following a call with a Doctor, the Doctor has recommended and issued a prescription for HRT, the prescription will be sent to Vira, and you will be redirected to our Service to confirm your purchase and proceed with obtaining your prescription as set out above through our Pharmacy Partner.

You understand that Doctors, in accordance with their standard practices, may be required to retain patient medical records from your referral to and appointment with them for 7 years.

STELLA+ AND OUR RELATIONSHIP WITH THIRD PARTIES

We partner with a variety of suppliers to provide Users with the best possible experience on our Platform.

We may display, include or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

We connect women with Doctors to give our Users an opportunity to openly discuss HRT with a licenced professional before being issued with or ordering a prescription. Our Pharmacy Partner exists as a pharmacy to prescribe and dispense pharmaceutical medications to Customers.

Please remember that when you use a link to go to another website, our Terms are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies.

OUR PARTNER PHARMACY

Whilst Vira provides a Service to take a Menopause Consultation and view possible treatment options, as well as for education and community engagement around menopause, Vira is not itself a pharmacy and does not prescribe or dispense pharmaceutical goods and/or medications. Subject to any stated refund obligations, we may not be held liable or responsible for their delivery, quality, suitability for your symptom(s) or condition(s), conformity to expected specifications, effects (or lack thereof), or anything directly linked to your ordering and receipt of such medications. You form a direct legal relationship with the Pharmacy Partner. You must refer to the Pharmacy Partner Terms to establish your rights for this.

When Customers obtain medication using the Stella+ Service, all prescription and fulfilment aspects come from our Pharmacy Partner, which is directly responsible in accordance with the Pharmacy Partner Terms for (a) ensuring fulfilment of any given order, and (b) the medications which are dispensed to Customers (including where there is any defect, problem or abnormality of any nature with them). Our role in prescribing and dispensing medications is limited to what is set out in these Terms and anything beyond these obligations is beyond our reasonable control and will never be due to our fault or negligence – for example, we do not directly contract or employ pharmacists, or control their supply chains or inventory of medications. All Users understand that Vira is not responsible or able to verify all orders from Customers through the Pharmacy Partner.

You can find Vira’s Partner Pharmacy Terms https://truepill.co.uk/terms-conditions/.

OUR NETWORK OF DOCTORS

Further, we work with a network of Doctors, so that our Users have an opportunity to discuss HRT with a licenced professional before ordering a prescription.

Neither Vira nor Stella+ is itself a medical clinic or doctor, and all Doctors in our network are independent medical practitioners or part of independent (of Vira) medical clinics. As such, we may not be held liable or responsible for anything which takes place during a consultation with a Doctor, including without limitation any advice provided in respect of HRT or prescriptions ultimately issued.

Our role with respect to any User and their consultations with or other interactions or outcomes with a Doctor is limited to our role in making the connection between Users and Doctors and working with our Pharmacy Partner as set out above to fulfil any prescriptions, to the extent the Doctor has issued them. You form a direct legal relationship with the Doctors. Anything beyond this is beyond our reasonable control and will never be due to our fault or negligence – for example, we do not employ Doctors or participate in appointments with them. All Users understand that Vira and Doctors are distinct, and Vira is not responsible for observing medical consultations with Doctors or verifying any prescriptions issued by the Doctor.

Section 4 – Purchases and payments

SUBSCRIPTIONS

We appreciate the fact that you like the stuff we build. We also want to make sure You have a rewarding experience while You are exploring, evaluating, and using our products.

Both Stella and Stella+ are subscription-based services. All payments will be made using our third-party payments provider Stripe (the Payment Service). You may use all major debit and credit cards, Apple Pay and Google Pay wallet payments and PayPal on the Payment Service, provided these payment methods are accepted through the Payment Service. When making a payment through the Payment Service, you will be subject to the Payment Service’s separate terms and conditions. We may only accept payments from UK sources where final delivery of any agreed medications is to a UK location, unless explicitly agreed otherwise.

Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.

If you subscribed to Stella through your device’s app store, you can cancel your subscription through your device. For an Apple device, you can find this under Settings > iCloud account > Subscriptions > and press ‘Cancel Subscription’. For an Android device, open the Google Play app > Payments and subscriptions > Subscriptions > and press ‘Cancel Subscription.’

If you subscribed to Stella or Stella+ online, you can cancel your subscription in your Stella account settings or by contacting us at hello@onstella.com

Your subscription will remain active until the end of the term you have paid in advance for and then not renew after you have cancelled.

The price charged is inclusive of UK VAT where applicable. All fees are exclusive of all other taxes, levies or duties imposed by taxing authorities, and you shall be responsible for the payment of all such taxes, levies or duties.

If, for any reason, you are not completely satisfied with any product or service that we provide, don’t hesitate to contact us (hello@onstella.com) and we will discuss any of the issues you have going through our product.

STELLA

Stella’s basic service is offered free of charge. If, however, you choose to upgrade and subscribe for additional services, we will charge you a monthly fee for which payment will be collected immediately.

STELLA+

Once you have completed the Menopause Consultation, you will be provided with suggestions in your results which may include suggested medications (amongst other suggestions, e.g. relating to lifestyle) and you may be given the option to book a consultation with a Doctor who can issue you with a prescription for medication. If you wish to book a consultation with a doctor or purchase medications, then you must subscribe to the Stella+ service.

Once you have subscribed, our Pharmacy Partner will be responsible in accordance with the Pharmacy Partner Terms for (a) reviewing and confirming that the selected medications are suitable for you based on the information you have provided, and (b) fulfilment of your order, including sourcing the medication and dispensing it you. All prescription medications will either be (a) systemic HRT (oestrogen only, and combined), or (b) local vaginal oestrogen cream. If we enable you to purchase non-prescription medication without having taken the Menopause Consultation, then you will also be purchasing this from the Pharmacy Partner and the Pharmacy Partner Terms will apply to all such purchases.

Medications can be purchased in 3-monthly packages. Orders will not auto-renew. If you want to renew your order, then you will need to confirm that the information we hold for you is still accurate and respond to any questions provided (for example to confirm no side effects, allergies, or changes in medication). You acknowledge that we may contact you to process order renewals and that you must notify us if there have been relevant changes to your medication or personal circumstances since purchasing your last order.

Once a consultation has taken place and/or the medication has been dispatched, the associated fees will be non-refundable, except where you have received the wrong items. You will not be entitled to a refund where you feel the medication has not had the desired effects, or where you have opened or otherwise used them. We will seek to process refunds within a reasonable period from when they become due, in line with applicable consumer protection laws.

PROMOTIONS, PROMOTIONAL CODES, AND VOUCHERS

We may from time to time provide certain promotional codes, for example as one-off promotions or as part of a loyalty programme. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.

Vira reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotion or promotional code by you or any other User if we believe that the use or redemption of a promotion or promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms. Where a promotion or promotional code includes a free-trial period, then your nominated account will be charged commencing from the first day after the expiry of the free-trial period.

We may also enter into partnerships with other businesses (e.g., employers or workplace benefit providers) to make our Services available to their members. These Users may access the Services through voucher codes or custom landing pages for the purpose of receiving Services at a reduced price. If the relationship between the Service and the partner is terminated, any User receiving the Services at a reduced rate will remain subscribed at the full-price rate until the subscription is cancelled. We will make a good faith effort to inform Users if such an event takes place to avoid unexpected charges and an interruption in services.

Section 5 – Your Responsibilities

Aside from all other aspects of these terms, you accept and acknowledge all of the below responsibilities as a User of the Services and understand that Vira will be in no way responsible where you have not fully upheld your own responsibilities. Each of the following is your sole and personal responsibility:

  • You are responsible for all information which you provide to us at all times, including without limitation when creating an Account, verifying your identity, taking a Menopause Consultation, making any purchases, giving us any information about your medical conditions, history or status, telling us about your medications, or generally interacting with us or any other Users.
  • You are responsible for informing us if any information which you have provided to us has changed or is no longer accurate. In particular (but not exclusively), this applies to any form of medical information (for example which impacts the results of a Menopause Consultation or your suitability for particular medications).
  • If you fail to provide truthful and accurate information and keep us up to date then you could be putting your health at risk. Please contact us through hello@onstella.com if you need to provide us with updated information.
  • You are responsible for reading and being familiar with our Pharmacy Partner Terms before accepting any prescription from them or taking any medication as a result, or when interacting with any pharmacist they assign to you.
  • You are responsible for keeping your Account safe and notifying us if you think your Account has been accessed or used without your permission, and if it has, checking all your information remains accurate. You understand the Platform and its features are for your personal use only and that you must not allow someone else to use it on your behalf without our express consent, and you must not use the Platform or any Content or any aspect of it for non-personal or commercial use, or any other purpose other than for which it is intended.
  • You are responsible for managing your own medications, reading the instructions and patient information thoroughly and carefully with each medication before using it, monitoring medication dosages and applications, and seeking support from a medical professional where you are unsure of anything related to any medication (in particular where you need to use medical devices).
  • You are responsible for updating your doctor about the medications you have been prescribed by our Pharmacy Partner and have accessed through the Platform, and ensuring you have their approval to take any such medications.
  • You are responsible for acting in good faith when using the Platform and never circumventing these Terms to try and access more medications or prescriptions from our Pharmacy Partner than you are entitled to or is safe.
  • You are responsible for being familiar with these Terms (including but not limited to all Platform and User Content Licence Restrictions and all Acceptable Use Restrictions) and ensure you are complying with them, on the understanding that you become personally liable if you agree to these terms and then breach them.

Section 6 – Legal Terms

PLATFORM AND USER CONTENT LICENCE RESTRICTIONS

Except as expressly allowed in these Terms, you may not:

  • copy the Platform or User Content (defined below);
  • transfer any part of the Platform or User Content to anyone else, except where we make possible and encourage sharing;
  • sub-license or otherwise make the Platform or User Content available in whole or in part (and whether in object or source code form) to any person;
  • make any alterations to, or modifications of, the Platform or User Content; or
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or User Content or attempt to do so,

(together the “Platform and User Content Licence Restrictions“)

ACCEPTABLE USE RESTRICTIONS

You may use the Platform or otherwise enjoy Stella only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:

  • use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • use, share, or otherwise exploit the Platform for any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
  • reproduce, duplicate, copy, share, or re-sell any part of the Platform in contravention of these Terms;
  • use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
  • use the Platform in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, Vira staff member or other person associated with our service including our Pharmacy Partner or any doctor;
  • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform;
  • say anything or take any action which discriminates against any other person when enjoying Vira’s services; or
  • access without authority, interfere with, damage or disrupt (a) any part of the Platform; (b) any equipment or network on which the Platform is stored; (c) any software used in the provision of any part of the Platform; or (d) any equipment, network or software owned or used by any third party.

(together the “Acceptable Use Restrictions“).

TERMINATION OF YOUR RIGHTS

We may end or suspend your rights under these Terms immediately and without notice if:

  • you have breached any of the Platform and User Content Licence Restrictions or Acceptable Use Restrictions;
  • we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
  • you are otherwise in breach of these Terms.

If we end your rights under these Terms:

  • you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
  • if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so;
  • you must immediately settle any debts due to us or any other party in accordance with these Terms; and
  • you will not be entitled to any refund as a result of your breach or unsuitable use.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us, other than the Suggestions (the “User Content“) and what your obligations are in relation to that User Content.

You agree that in respect of the User Content that you create, upload, send, share or post to us that:

  • you retain the ownership rights in the User Content; and
  • you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to (i) use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Platform, on other websites, and in promotional and/or marketing material developed in each case whether developed by us or on our behalf) and (ii) to create derived data which we will anonymise so it can no longer be associated with you. We will own any derived data and can use it for any purpose.

You represent and warrant on an ongoing basis that you:

  • are the owner or authorised licensee of all User Content;
  • have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
  • will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant Vira policy; and
  • have all required permissions and consents from any third party whose personal information is included in any User Content.

We own the intellectual property rights in any information that is posted, generated, provided or otherwise made available to you through the Platform including any educational materials, printed or electronic, we provide at our events. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Platform strictly in accordance with these Terms and solely for your personal and non-commercial purposes.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions“) provided by you to us with respect to the Services shall remain our sole and exclusive intellectual property, which you assign to us with full title guarantee.

We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

INTERACTION AND REPORTING

All Users acknowledge and agree that they are responsible for their own interactions on the Platform and with other Stella Users where there are meeting opportunities (such as at community events), or where responses to stories shared on the Platform are enabled. Users should use the reporting mechanism below to ensure that any harmful content or behaviours are identified and addressed as efficiently as possible. Users acknowledge that Vira is at all times entitled and permitted to monitor and view all Users’ interactions within the Platform (and off it, for example in online events).

Reporting mechanism: If you encounter anything which appears on our Platform which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate Content or User Content or other issue to us via hello@onstella.com and request that the matter is investigated. One of our team will then review your report and take any action we deem appropriate at our sole discretion. Please note however that our action in respect of matters which should be raised directly with the Pharmacy Partner or a Doctor may be limited to communicating with the Pharmacy Partner or Doctor in our capacity as an intermediary.

AVAILABILITY OF THE PLATFORM

The Platform is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects, including in respect of Menopause Consultations and purchasing medications.

Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

ACCOUNT DELETION

If you wish to terminate your Account with us, you can do so at any time by deleting your Account, or contacting us to request that it is deleted. Please remember that you will not be refunded for payments already made if you choose to do so. Once an order has been cancelled or account deleted, we may send you a notification to confirm that the cancellation or deletion has occurred successfully. Please note however that we may be required to maintain your personal medical data and a means to contact you about it after your Account has been deleted in accordance with our Privacy Policy and legal obligations.

NO RELIANCE ON INFORMATION

All information published on or via the Platform, including any educational Content on menopause, or any personal women’s stories, or suggestions in results to Menopause Consultations are provided in good faith and for general information purpose only. The articles we publish are reviewed by medical professionals, but the articles, and any other Content accessible through the Platform, do not constitute medical advice. If you find anything on our Platform that you believe is not accurate, please let us know and we will do our best to verify and amend the information. We make no warranties about the completeness, reliability, or accuracy of the information on our Platform. Any action you take based on such information is taken at your own risk, save for where our Pharmacy Partner or Doctor has reviewed and confirmed that certain medication(s) is suitable for you based on the information you have truthfully and accurately provided.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Except as described above, we will have no liability to you, in contract, tort or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms, the Platform or its performance.

Except as described above, our total liability to you in contract, tort or otherwise for any loss arising out of or in connection with these Terms, the Platform or its performance shall be limited to the amount actually paid by you for access to the Platform.

We make no express or implied representations (except as listed in these Terms) on the services, products, information or Content included or referenced on the Platform or off it and to the greatest extent permitted by applicable law, we disclaim all warranties and conditions (whether express or implied) in respect of the Platform and our services contemplated by these Terms, including without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose.

REGULATORY REQUIREMENTS

Alva MD, which supports the StellaPlus service is certified as a Class I medical device with the MHRA. The licensed manufacturer of Alva MD is Alva Health Limited, a wholly owned subsidiary of Vira Health.

Alva Health Limited is registered with the Medicines and Healthcare products Regulatory Agency (MHRA) as a distance seller of medication on account of the role of our Platform in selling medication through our Pharmacy Partner, in which we take a share of revenue.

Please contact us directly if you wish to enquire about our registration statuses with the MHRA.

Should you wish to direct communications directly with the MHRA, their contact details are as follows:
Medicines & Healthcare products Regulatory Agency (MHRA)
Address: 151 Buckingham Palace Road, London, SW1W 9SZ
Email: info@mhra.gov.uk
Telephone: 0203 080 6000
Website: https://medicine-seller-register.mhra.gov.uk/

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, legal partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between Vira and any User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.

These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.

Alva is a registered trademark of Alva Health Limited under trade mark number UK0000349081. All Alva trademarks, service marks, trade names, logos, domain names, and any other features of the Alva brand (“Alva Brand Features”) are the sole property of Alva or its licensors. These Terms do not grant you any rights to use any Alva Brand Features whether for commercial or non-commercial use.

These Terms and Conditions were last updated on 24 October 2022.