Terms & Conditions
Customer Care
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Customer Care
SHAPE YOUR WELLNESS LIMITED
Trading as Shape⁸
TERMS AND CONDITIONS
Effective throughout your use of our Services unless amended in accordance with these Terms.
1. INTRODUCTION
1.1
These Terms and Conditions (“Terms”) constitute the legally binding agreement between Shape Your Wellness Limited, trading as Shape⁸(“Shape⁸”, “we”, “our” or “us”) and you (“you”, “your”, “Customer” or “Patient”).
These Terms govern your use of our Website, healthcare services, consultations, prescriptions, medication, products and all other services provided by Shape⁸.
1.2
By accessing our Website, creating an Account, booking a Consultation, completing a medical questionnaire, requesting treatment, placing an Order or using any of our Services, you confirm that you have read, understood and agree to be legally bound by these Terms and Conditions.
If you do not agree with these Terms, you must not use our Services.
1.3
These Terms apply to all Services supplied by Shape⁸, whether provided:
Online;
By telephone;
By email;
By video consultation;
Through our patient portal;
In person at one of our clinics; or
Through any future communication channels operated by Shape⁸.
1.4
These Terms should be read together with our:
Privacy Policy;
Cookie Policy;
Website Terms of Use; and
Any other policies published on our Website from time to time.
Together these documents form the agreement between you and Shape⁸.
1.5
Nothing contained within these Terms excludes, limits or restricts any statutory rights available to consumers under applicable law.
2. DEFINITIONS
For the purposes of these Terms:
Account means your registered Shape⁸ customer account.
Consultation means any online, telephone, video or face-to-face clinical assessment undertaken by or on behalf of Shape⁸.
Customer, Patient, You and Your mean the individual requesting or receiving healthcare services from Shape⁸.
Medication means any prescription-only medicine, pharmacy medicine, medical device or healthcare product supplied by Shape⁸.
Order means any request placed by you to purchase healthcare services or Medication.
Prescriber means an appropriately qualified healthcare professional authorised to prescribe medication in accordance with UK law and applicable professional standards.
Prescription means a prescription issued following an individual clinical assessment by an authorised Prescriber.
Services means all consultations, prescribing services, treatments, products, healthcare services and any additional services provided by Shape⁸ from time to time.
Website means www.shape8.com together with all associated online systems, patient portals and applications operated by Shape⁸.
Working Day means Monday to Friday excluding public and bank holidays in England and Wales.
3. ABOUT SHAPE⁸
These Terms and Conditions apply to all Services supplied by:
Shape Your Wellness Limited
Trading as Shape⁸
Registered Office:
Mason House
Radcliffe Court
Radcliffe Road
West Bridgford
Nottingham
NG2 5DQ
Website: www.shape8.com
Email: [email protected]
Telephone: 0330 043 7162
Shape⁸ is an independent healthcare provider offering regulated healthcare services, including online and clinic-based consultations, prescribing services, weight management programmes, nutritional support, health monitoring and other healthcare services introduced from time to time.
All prescription-only medicines supplied by Shape⁸ are prescribed only following an appropriate clinical assessment by an independent qualified Prescriber.
Nothing contained on our Website, social media channels, marketing materials or advertisements constitutes medical advice or guarantees eligibility for treatment.
All prescribing decisions are made independently by qualified healthcare professionals exercising their own clinical judgement.
Shape⁸ reserves the right to amend, suspend, restrict or withdraw any Service, treatment or Medication where necessary to comply with applicable law, regulatory requirements, professional standards, clinical guidance or where otherwise necessary to protect patient safety.
4. OUR SERVICES
Shape⁸ currently provides, or may introduce from time to time:
Weight management consultations;
Prescription weight-loss treatments;
Online prescribing services;
Face-to-face clinic consultations;
Nutritional advice and support;
Health monitoring; and
Other healthcare services introduced from time to time.
The availability of any Service, Medication or treatment is subject to:
Clinical suitability;
Independent prescribing decisions;
Applicable law;
Regulatory requirements;
Professional guidance; and
Stock availability.
No statement made by Shape⁸, whether on our Website, in advertising, on social media or by our customer support team, shall be interpreted as guaranteeing that any Patient will receive a particular Medication, dosage, treatment or Prescription.
SECTION 2 – ELIGIBILITY, CLINICAL ASSESSMENT AND PRESCRIBING
5. ELIGIBILITY
5.1
To use our Services, you must:
a) be aged 18 years or over unless a particular Service expressly permits treatment of younger patients;
b) be legally entitled to receive healthcare services within the United Kingdom;
c) provide complete, truthful and accurate information throughout your Consultation and treatment;
d) have the legal capacity to enter into this agreement; and
e) comply with these Terms and Conditions.
5.2
Eligibility for treatment is determined solely by Shape⁸’s appropriately qualified Prescribers. Meeting general eligibility criteria does not guarantee that Medication or treatment will be prescribed.
5.3
Shape⁸ reserves the right to amend clinical eligibility criteria at any time to reflect changes in legislation, MHRA guidance, GPhC standards, NICE guidance, clinical evidence, medicine licensing or professional best practice.
5.4
You are responsible for ensuring that all information supplied to Shape⁸ remains accurate throughout your treatment.
6. CLINICAL CONSULTATIONS
6.1
Every request for treatment is subject to an individual clinical assessment.
6.2
Clinical assessments are undertaken solely in the interests of patient safety and appropriate prescribing.
6.3
Completion of an online questionnaire, submission of an Order or payment for a Consultation does not guarantee that Medication will be prescribed or supplied.
6.4
Shape⁸ may request additional information before making any prescribing decision including, but not limited to:
photographic identification;
proof of address;
proof of weight;
full body photographs;
previous prescription evidence;
GP details;
medical records;
blood test results where appropriate;
details of current medication;
confirmation of medical history; or
any other information reasonably required.
6.5
Where further information is requested, you should provide it within fourteen (14) days unless otherwise agreed.
6.6
Failure to provide requested information may result in your Consultation or Order being cancelled.
6.7
Repeat prescriptions may require a further clinical review before approval.
7. PRESCRIBING DECISIONS
7.1
All prescribing decisions are made independently by an appropriately qualified Prescriber exercising their own professional clinical judgement.
7.2
A Prescriber may:
approve treatment;
refuse treatment;
request further information;
request additional photographs or evidence;
recommend an alternative treatment;
prescribe a different Medication;
prescribe a different strength or dosage;
delay prescribing;
reduce, pause or discontinue treatment where clinically appropriate.
7.3
Shape⁸ does not guarantee that any Medication, dosage, brand or treatment requested by you will be prescribed.
7.4
A Prescription previously issued by another healthcare provider does not oblige Shape⁸ to prescribe the same Medication or dosage.
7.5
Prescribing decisions may change where:
your medical circumstances change;
updated clinical information becomes available;
national clinical guidance changes;
medicine licensing changes;
patient safety concerns arise; or
regulatory requirements change.
7.6
The Prescriber’s clinical decision is final.
8. PATIENT RESPONSIBILITIES
8.1
You warrant that all information supplied to Shape⁸ is complete, truthful and accurate.
8.2
You must notify Shape⁸ immediately if:
your medical history changes;
you become pregnant;
you begin breastfeeding;
you start new medication;
your weight changes significantly where clinically relevant;
you develop a new medical condition;
you experience significant side effects;
another healthcare provider advises you to stop treatment.
8.3
You must not knowingly provide false, misleading or incomplete information.
8.4
Where Shape⁸ reasonably believes false, misleading or fraudulent information has been supplied, we reserve the right to:
refuse treatment;
refuse future prescriptions;
suspend or permanently close your Account;
cancel current or future Orders;
recover any losses incurred;
apply any administration charge expressly permitted under these Terms and applicable law; and
report suspected fraud to the appropriate authorities where necessary.
8.5
Providing false information during a Consultation may place your health at risk and may result in immediate withdrawal of treatment.
8.6
You remain responsible for following all medical advice, the manufacturer’s Patient Information Leaflet and any instructions issued by Shape⁸ regarding the safe use, storage and administration of your Medication.
9. IDENTITY VERIFICATION
9.1
Shape⁸ may undertake electronic identity verification checks.
9.2
We may require photographic identification, proof of address or further documentation before prescribing or dispensing Medication.
9.3
We reserve the right to delay or refuse treatment until satisfactory verification has been completed.
9.4
Failure to satisfactorily verify your identity may result in cancellation of your Consultation or Order.
10. COMMUNICATION WITH YOUR GP
10.1
Shape⁸ strongly encourages all patients to keep their GP informed of treatment received through our Services.
10.2
Where clinically necessary, or where required by law, regulation or professional guidance, Shape⁸ may share relevant information with your GP or another healthcare professional involved in your care.
10.3
Failure to provide GP details where reasonably requested may result in treatment being declined.
11. ORDERS
11.1
Submission of an Order constitutes an offer to purchase healthcare services and, where clinically appropriate, Medication.
11.2
No legally binding contract is formed until:
a) your clinical assessment has been approved;
b) payment has been successfully authorised;
c) where applicable, a Prescription has been issued; and
d) Shape⁸ has accepted your Order for dispensing.
11.3
Shape⁸ reserves the right to refuse, delay or cancel any Order for clinical, legal, regulatory, operational or patient safety reasons.
11.4
Once an Order has entered the clinical review, prescribing or dispensing process, requests to amend, cancel or change Medication, dosage, delivery details or any other Order information cannot be guaranteed.
11.5
All Orders remain subject to stock availability.
11.6
Where Medication becomes unavailable after an Order has been placed, Shape⁸ may delay dispatch, offer a clinically appropriate alternative (subject to Prescriber approval), or cancel the Order and issue any refund due in accordance with these Terms.
11.7
Shape⁸ reserves the right to pause, suspend or discontinue treatment where continued prescribing may no longer be clinically appropriate, where further clinical review is required, where additional information is needed, or where necessary to protect patient safety or comply with legal or regulatory requirements.
11.8
Shape⁸ may require you to complete a further Consultation or provide updated medical information, proof of weight, photographs, previous prescription evidence or any other information reasonably required before any further Prescription is issued.
11.9
Where Shape⁸ reasonably believes that Medication has been requested in circumstances that are unsafe, clinically inappropriate, fraudulent or inconsistent with these Terms, we reserve the right to decline, delay or cancel the request and take any further action reasonably necessary to protect patient safety and the integrity of our Services.
SECTION 3 – PRICES, PAYMENT, DISPENSING, DELIVERY & LOST PARCELS
12. PRICES AND PAYMENT
12.1 All prices displayed on the Website are in Pounds Sterling (£) and include VAT where applicable.
12.2 Shape⁸ reserves the right to amend its prices, consultation fees, delivery charges and promotional offers at any time. Any changes will not affect Orders that have already been accepted.
12.3 Payment must be successfully authorised before any Consultation, Prescription, Medication or Service will be processed.
12.4 If payment authorisation fails, your Order will not proceed until full payment has been received.
12.5 Discount codes, promotional offers and introductory offers:
a) cannot normally be combined;
b) cannot normally be applied retrospectively;
c) may be withdrawn or amended at any time; and
d) may be cancelled where misuse or abuse is reasonably suspected.
12.6 Where an Order is cancelled before a Prescription has been issued or Medication has entered the dispensing process, Shape⁸ reserves the right to deduct any clearly disclosed administration charge that applies under our cancellation policy and applicable law.
12.7 Shape⁸ reserves the right to correct genuine pricing or technical errors before Medication has been dispensed. Where this occurs, you will be offered the option of proceeding at the correct price or receiving a full refund.
13. DISPENSING OF PRESCRIPTION MEDICATION
13.1 Prescription-only Medication will only be dispensed following approval by an appropriately qualified Prescriber.
13.2 Once a Prescription has been issued and Medication has entered the dispensing process, it has been prepared specifically for you and cannot ordinarily be cancelled.
13.3 Due to patient safety and medicines legislation, prescription Medication that has left the pharmacy supply chain cannot be re-issued, re-dispensed or supplied to another patient, even where unopened, unused or returned in its original packaging.
13.4 Once Medication has been dispensed, cancellations, returns and refunds will only be considered where required by law or expressly provided for within these Terms.
13.5 Shape⁸ reserves the right to delay dispensing where additional clinical review, clarification or safety checks are required.
14. DELIVERY
14.1 Shape⁸ aims to dispatch Orders within the estimated timescales published on the Website. These timescales are estimates only and are not guaranteed.
14.2 Delivery may be delayed by factors outside our reasonable control including stock availability, pharmacy workload, courier delays, adverse weather, public holidays, industrial action or other unforeseen events.
14.3 Shape⁸ shall not be liable for delivery delays outside its reasonable control, although we will make reasonable efforts to keep you informed where appropriate.
14.4 It is your responsibility to ensure that the delivery address provided is accurate and that someone is available to receive the delivery where required.
14.5 Requests to amend a delivery address after Medication has entered the dispensing or dispatch process cannot be guaranteed.
15. TEMPERATURE-CONTROLLED MEDICATION
15.1 Certain Medications supplied by Shape⁸ require temperature-controlled transportation.
15.2 Such Medication is dispatched in insulated packaging with cooling materials designed to protect the Medication during normal transit.
15.3 Temporary damage to the outer packaging, insulation or ice packs does not automatically indicate that the Medication itself has been damaged, compromised or rendered unsuitable for use.
15.4 Upon receipt, you should inspect your delivery, refrigerate Medication promptly where required and store it in accordance with the manufacturer’s instructions.
15.5 Where extreme weather conditions may reasonably affect Medication quality, Shape⁸ reserves the right to delay dispatch in the interests of patient safety.
16. DELIVERY CONFIRMATION
16.1 Shape⁸ may rely upon delivery information supplied by Royal Mail or another courier, including:
tracking information;
GPS location data;
delivery scans;
delivery photographs;
electronic signatures;
safe-place confirmation;
courier investigation reports; and
any other delivery evidence reasonably available.
16.2 This information may be relied upon when investigating delivery queries, refund requests, replacement requests and chargeback disputes.
17. SAFE PLACE DELIVERIES
17.1 Where you authorise Royal Mail or another courier to leave your Order in a safe place or with a nominated neighbour, you accept responsibility for that delivery instruction.
17.2 Subject to your statutory rights, Shape⁸ is not responsible for loss, theft or damage occurring after delivery has been completed in accordance with your nominated delivery instructions.
18. LOST, DELAYED OR MISSING PARCELS
18.1 If you believe your Order has been lost in transit, you must notify Shape⁸ as soon as reasonably possible.
18.2 Shape⁸ will investigate the matter and, where appropriate, raise a claim with Royal Mail or the relevant courier.
18.3 Customers must cooperate fully with any investigation and provide any information reasonably requested to assist with that investigation.
18.4 A replacement Medication or refund will not normally be issued until the courier investigation has been completed and its findings considered.
18.5 If you require an immediate replacement before the courier investigation has concluded, Shape⁸ may, at its discretion, offer a replacement upon payment of a £50 refundable replacement charge.
18.6 If the courier subsequently confirms that the original parcel was genuinely lost in transit, the £50 replacement charge will be refunded or credited towards your account.
18.7 If the courier confirms that the original parcel was delivered in accordance with the delivery information held, the £50 replacement charge will not normally be refunded.
18.8 Where evidence indicates that a parcel has been delivered successfully, including GPS tracking, delivery photography or safe-place confirmation, Shape⁸ reserves the right to refuse a replacement or refund unless there is credible evidence that the delivery information is inaccurate.
SECTION 3 – PART B
DAMAGED DELIVERIES, FAULTY MEDICATION, RETURNS, REFUNDS AND CHARGEBACKS
19. DAMAGED DELIVERIES
19.1 You should inspect your Order as soon as reasonably practicable after delivery.
19.2 Damage to the external packaging, insulated packaging or ice packs doesnot automatically indicate that the Medication itself is damaged, defective or unsuitable for use.
19.3 If you believe your Medication has been damaged during transit, you should contact Shape⁸ as soon as reasonably practicable and, where requested, provide photographs of:
a) the outer packaging;
b) the internal packaging;
c) the Medication;
d) the delivery label; and
e) any other information reasonably requested to assist our investigation.
19.4 Shape⁸ reserves the right to investigate all reports of damaged deliveries before determining whether a replacement, refund or other remedy is appropriate.
20. FAULTY MEDICATION
20.1 If you believe your Medication is faulty, defective or has a manufacturing issue, you must stop using the Medication (unless advised otherwise by a healthcare professional) and contact Shape⁸ immediately.
20.2 You must retain the Medication, packaging, dispensing labels and any remaining contents until our investigation has concluded.
20.3 Shape⁸ may require the Medication to be returned for inspection and investigation before a decision is made.
20.4 Customers must not dispose of suspected faulty Medication unless advised to do so by Shape⁸ or another healthcare professional.
21. MANUFACTURER INVESTIGATIONS
21.1 Where a manufacturing defect is suspected, Shape⁸ may return the Medication to the manufacturer or an authorised laboratory for investigation.
21.2 Manufacturer investigations are carried out independently and may take several weeks to complete.
21.3 Shape⁸ will consider the findings of the manufacturer, together with any other relevant evidence, when deciding whether a replacement, refund or other remedy is appropriate, while respecting any rights you have under applicable consumer law.
21.4 Shape⁸ cannot influence or alter the outcome of any manufacturer’s investigation.
22. CANCELLATIONS
22.1 Orders may be cancelled before a Prescription has been issued and before Medication has entered the dispensing process.
22.2 Where your cancellation request is accepted before dispensing, a £10 administration charge may be deducted to cover clinical, payment processing and administrative costs where this has been clearly disclosed and is permitted by law.
22.3 Once a Prescription has been issued and Medication has entered the dispensing process, cancellation requests cannot normally be accepted because the Medication has been prepared specifically for you.
23. RETURNS
23.1 Prescription-only Medication cannot normally be returned once supplied, except where required by law.
23.2 Medication returned to Shape⁸ cannot be re-issued, re-dispensed or supplied to another patient, even where unopened, unused or returned under refrigeration.
23.3 Where Shape⁸ requests the return of Medication as part of an investigation, this does not automatically entitle the Customer to a replacement or refund.
24. REFUNDS
24.1 Refunds will be considered in accordance with applicable law and these Terms.
24.2 No refund will normally be available where:
a) Medication has been correctly prescribed;
b) Medication has been correctly dispensed;
c) Delivery has been successfully completed; and
d) no fault has been identified.
24.3 Where a suspected manufacturing defect is being investigated, Shape⁸ may defer any decision regarding a refund until the investigation has concluded.
24.4 Approved refunds will normally be processed using the original payment method.
25. FALSE INFORMATION
25.1 You warrant that all information supplied during your Consultation and throughout your treatment is accurate and complete.
25.2 Where Shape⁸ reasonably believes that false, misleading or fraudulent information has been provided, we reserve the right to:
refuse treatment;
refuse future Orders;
suspend or permanently close your Account;
cancel outstanding Orders;
refuse promotional offers;
recover any losses suffered; and
report suspected fraud where appropriate.
26. CHARGEBACKS
26.1 If you believe there has been an error with your Order, you should contact Shape⁸ to allow us a reasonable opportunity to investigate and resolve the matter before initiating a chargeback with your card issuer or payment provider.
26.2 Where a chargeback is raised, Shape⁸ may provide relevant evidence in response, including:
consultation records;
prescribing records;
dispensing records;
Royal Mail or courier tracking information;
GPS data;
delivery confirmation;
delivery photographs;
manufacturer investigation findings; and
any other evidence reasonably necessary to respond to the dispute.
26.3 Where a chargeback is found to have been made fraudulently or without reasonable grounds, Shape⁸ reserves the right to recover any losses reasonably incurred, refuse future Orders and suspend or close your Account where appropriate.
27. CUSTOMER CONDUCT
27.1 We are committed to treating all patients with respect and expect the same in return.
27.2 Shape⁸ reserves the right to refuse Services, suspend Accounts or decline future treatment where a Customer engages in abusive, threatening, discriminatory or inappropriate behaviour towards our staff, pharmacists, prescribers or representatives.
27.3 Any suspected misuse of our Services, including repeated fraudulent claims, misuse of promotional offers or attempts to obtain Medication dishonestly, may result in immediate suspension or permanent closure of your Account.
SECTION 4 – TREATMENT, MEDICAL SAFETY AND LIABILITY
28. YOUR RESPONSIBILITIES DURING TREATMENT
28.1 You agree to follow all instructions provided by Shape⁸, our Prescribers, Pharmacists and healthcare professionals regarding the safe use, storage and administration of your Medication.
28.2 You must use all Medication strictly in accordance with the Patient Information Leaflet, manufacturer’s instructions and any clinical advice provided.
28.3 Prescription Medication supplied by Shape⁸ is prescribed solely for the named patient and must not be shared, sold, transferred or supplied to any other person.
28.4 You agree to inform Shape⁸ promptly if:
your medical history changes;
you develop a new medical condition;
you become pregnant or are planning pregnancy;
you begin breastfeeding;
you start any new prescription, over-the-counter or herbal medication that may affect your treatment; or
you experience any significant side effects or adverse reactions.
28.5 Failure to provide accurate or updated medical information may result in your treatment being suspended or discontinued.
29. SIDE EFFECTS AND ADVERSE REACTIONS
29.1 All medicines carry potential risks and side effects. These vary between individuals.
29.2 Before treatment you are responsible for reading all information provided regarding your Medication, including the Patient Information Leaflet.
29.3 If you experience severe side effects, allergic reactions or symptoms requiring urgent medical attention, you should seek immediate medical assistance by contacting NHS 111, your GP or, in an emergency, calling 999.
29.4 You should notify Shape⁸ as soon as reasonably practicable of any significant side effects relating to Medication supplied by us.
29.5 Shape⁸ may report suspected adverse drug reactions to the appropriate regulatory authorities where required or appropriate.
30. CLINICAL MONITORING
30.1 Certain treatments require regular reviews to ensure they remain clinically appropriate.
30.2 Shape⁸ may request updated:
weight;
BMI;
blood pressure;
photographs;
blood test results;
identification; or
other clinical information,
before authorising further Prescriptions.
30.3 Failure to provide requested information may result in delays, suspension or discontinuation of treatment.
31. DISCONTINUATION OF TREATMENT
31.1 Shape⁸ reserves the right to refuse or discontinue treatment where it is considered clinically inappropriate or unsafe.
This includes, but is not limited to:
a) inaccurate or misleading medical information;
b) safeguarding concerns;
c) suspected misuse of Medication;
d) abusive or threatening behaviour;
e) suspected fraudulent activity;
f) failure to comply with medical advice;
g) concerns regarding patient safety.
31.2 Any such decision shall be made in the interests of patient safety and clinical governance.
32. LIMITATION OF LIABILITY
32.1 Nothing within these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any rights that cannot legally be excluded.
32.2 Subject to Clause 32.1, Shape⁸ shall not be liable for losses arising from:
inaccurate information supplied by you;
failure to follow medical advice;
failure to store Medication correctly;
failure to read accompanying instructions;
missed doses;
misuse of Medication;
delays caused by third-party delivery providers outside our reasonable control; or
circumstances beyond our reasonable control.
32.3 Nothing in these Terms affects your statutory consumer rights.
33. FORCE MAJEURE
33.1 Shape⁸ shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond our reasonable control.
These may include:
extreme weather;
pandemics;
industrial action;
transport disruption;
supplier shortages;
cyber incidents;
power failures;
governmental action; or
any other event beyond our reasonable control.
34. COMPLAINTS
34.1 We are committed to providing a high standard of care and customer service.
34.2 If you are dissatisfied with any aspect of our Services, please contact us at:
Shape Your Wellness Limited t/a Shape⁸
Email: [email protected]
Telephone: 0330 043 7162
34.3 We will investigate complaints fairly, impartially and as promptly as reasonably possible.
34.4 If your complaint relates to clinical care, it may be reviewed by the relevant Prescriber, Superintendent Pharmacist or Clinical Lead.
34.5 Making a complaint will not affect your statutory rights.
SECTION 5 – PRIVACY, INTELLECTUAL PROPERTY AND GENERAL TERMS
35. DATA PROTECTION AND PRIVACY
35.1 Shape Your Wellness Limited trading as Shape⁸ processes personal information in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and all applicable data protection legislation.
35.2 By using our Services, you acknowledge that we will collect, use, store and process your personal and medical information where necessary to:
provide healthcare services;
assess your suitability for treatment;
dispense medication;
deliver your Orders;
comply with legal and regulatory obligations; and
improve our Services.
35.3 Your personal information may be shared with Prescribers, Pharmacists, laboratories, delivery partners, payment providers, regulatory authorities or other healthcare professionals where necessary to provide our Services or comply with legal obligations.
35.4 We will only retain your information for as long as reasonably necessary to fulfil our legal, regulatory and clinical obligations.
35.5 Further information regarding how we process your information is available in our Privacy Policy.
36. INTELLECTUAL PROPERTY
36.1 All intellectual property rights in the Website, branding, logos, content, graphics, text, software, images and materials remain the property of Shape Your Wellness Limited or its licensors.
36.2 Nothing in these Terms transfers ownership of any intellectual property rights to you.
36.3 You may not reproduce, copy, distribute, modify, publish or commercially exploit any content from the Website without our prior written consent.
37. WEBSITE AVAILABILITY
37.1 Whilst we aim to keep our Website available at all times, we do not guarantee uninterrupted access.
37.2 The Website may be suspended temporarily for maintenance, upgrades, security improvements or circumstances beyond our reasonable control.
37.3 Shape⁸ accepts no liability for temporary Website unavailability where reasonable steps have been taken to restore access.
38. THIRD-PARTY SERVICES
38.1 Our Website may contain links to third-party websites or services for your convenience.
38.2 Shape⁸ is not responsible for the content, availability, privacy practices or services provided by third parties.
38.3 Accessing third-party websites is entirely at your own risk.
39. CHANGES TO THESE TERMS
39.1 Shape⁸ reserves the right to amend these Terms from time to time where reasonably necessary, including to reflect changes in legislation, regulation, clinical guidance, business operations or our Services.
39.2 The latest version will always be published on our Website.
39.3 Any changes will not affect Orders already accepted unless required by law.
40. SEVERABILITY
40.1 If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
41. WAIVER
41.1 Any failure or delay by Shape⁸ to exercise a right or remedy under these Terms shall not constitute a waiver of that right or remedy.
41.2 Any waiver must be in writing and shall apply only to the specific circumstances for which it is given.
42. ENTIRE AGREEMENT
42.1 These Terms, together with our Privacy Policy, Cookie Policy and any other documents expressly referred to within them, constitute the entire agreement between you and Shape⁸ relating to the Services we provide.
42.2 Nothing in these Terms excludes liability for fraudulent misrepresentation or any liability that cannot lawfully be excluded.
43. GOVERNING LAW AND JURISDICTION
43.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by the laws of England and Wales.
43.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising from these Terms, except where applicable law provides otherwise.
44. CONTACT DETAILS
If you have any questions regarding these Terms or our Services, please contact us:
Shape Your Wellness Limited trading as Shape⁸
Registered Office:
Mason House
Radcliffe Court
Radcliffe Road
West Bridgford
Nottingham
NG2 5DQ
Telephone: 0330 043 7162
Email: [email protected]
Website: www.shape8.com


