Who are we?
This website (https://happyrhealth.com) is operated by Happyr Ltd. We are registered in England and Wales under company number 12245383 and have our registered offices at Kemp House 160 City Road, London, England, EC1V 2NX.
The people behind the London-based company “Happyr Ltd” are Cornelius Palm and Nicola Filzmoser, the two founders of Happyr Ltd, as well as a range of experts including psychological, medical and business professionals.
If you would like to contact us, our email address is firstname.lastname@example.org You can send all your correspondence to Happyr Health, and, in particular, if you have any questions regarding the use of the Services or these Terms, you can use the email address indicated above or contact us by any other means of communication indicated on our Website or in our App.
We invite you to read carefully the following terms and conditions as they set out the terms under which we provide content or services to you. By registering for use of our products and services, you represent you are at least 16 years of age and agree to be bound by these Terms on behalf of yourself and any authorized users. If you do not agree to these Terms you must not access, use or authorize use of the App, Websites and Services.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements. “Client”, “You”, “Your” and “Tamer” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our”, “Happyr Health”, “Happyr Ltd.” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
By visiting our site and/ or purchasing something, such for example access to a mobile app, from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We recommend that you verify the accuracy and completeness of the information given in these Terms and on the Order before using the Services.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Products and services
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The satisfaction of our users is really important to us; however, we do not warrant that the quality of every product, service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. Prices for our products are subject to change without notice. The latter provision will nonetheless not affect users during the term of their subscription.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Membership and Subscriptions
You may register as a registered user of the Services. To become a Tamer or Parent, you must go to the relevant section of the Services. To become a Tamer you must provide your dragon name, username, date of birth, email address and create a password. For our online courses you must provide first name, last name, email address, billing details (address, phone number, payment details). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
When you obtain an account you guarantee the following:
(i) You are legally capable of entering into binding contracts; (ii) all registration information you provide is true and accurate; (iii) you will maintain the accuracy of such information; and (iv) your use of the Services does not violate any applicable law or regulation.
You must be at least 16 years old, to become a Tamer. Individuals under the age of 16 may use the Services only with the participation and consent of a parent or legal guardian, under that person’s account and subject to these Terms.
Account holders may access the Services through our Site or App. When purchasing a subscription to the Services on the Web, in the Apps, where permitted by app store partners, or through a bundle with one or more of our subscription bundle partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone app, the sale is final, and we will not issue a refund. Your purchase will be subject to Apple’s applicable payment policy, which may also not provide refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not give you a refund. Your purchase will be subject to Google’s applicable payment policy, which may also not provide refunds. If you purchase through one or more of our subscription package partners, your purchase may also be subject to the terms and conditions of those partners, and the payment and management of the subscription package may be administered by those partners.
You may become a subscriber to the Paid Subscription Program or one of our Online Courses by purchasing a subscription to the Services from our Site, Application, or where authorized by the Application’s business partners. The provision of the Paid Subscription Program or Online Course on our Site or in our App does not constitute a binding offer by us to enter into an agreement, but rather is an invitation for you to send us an offer.
The Agreement is entered into by sending a confirmation of receipt of your payment to the email address you provided to us as part of the registration process. With this email, we accept your offer. This email contains the essential features of your order and these Terms.
If you purchase through one or more of our package subscription partners or a third party app store, your purchase may be subject to those partners’ Terms and Conditions, and payment administration and package subscription can be in charge of these.
You agree to promptly notify us of any changes to the Payment Method you used while any subscription remains pending.
During your use of the Service, Happyr and your third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. Disclosure of updated credit card information is made to Happyr and our third party payment service provider at the sole discretion of your credit card issuer. Your credit card issuer may give you the right to opt out of upgrade service. If you want to do this, contact your credit card issuer.
Prices for paid subscriptions are final prices and include taxes and other costs (“Price”). You are shown the Price before you make the Paid Subscription Offer. The Price is paid in advance when formalizing the Paid Subscription Offer. Payment methods vary depending on the country where you reside and the technically feasible payment methods available in that country. Payment methods are displayed upon signing the Agreement. Please quote the Order number in all subsequent correspondence you send to us. Prices include local taxes, unless otherwise stated. You are responsible for any bank charges incurred due to payments charged to your account. If we do not receive payment by the Payment Method you used, you agree to pay all amounts due upon our request.
You agree that you are not permitted to resell any Services purchased through our Site or App for commercial purposes.
RIGHT OF WITHDRAWAL PROVIDED BY LAW:
You have the right to withdraw from this contract within fourteen (14) days, without giving any reason. The withdrawal period will expire fourteen (14) days after the date of conclusion of the contract. To exercise your right of withdrawal, you must inform Happyr Health at the following address: Kemp House 160 City Road, London, England, EC1V 2NX, or by email at the following address: email@example.com , of your decision to withdraw from this contract by means of an unambiguous statement (eg, a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
In the event of your withdrawal from this contract, we will refund all amounts paid by you to us, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type delivery other than the least expensive type of standard delivery offered by us), as soon as possible and, in any event, no later than fourteen (14) days from the date on which we are informed of your decision to withdraw from the contract. We will make this refund using the same means of payment that you used in the initial transaction, unless you specifically agree otherwise. In any event, the refund will not incur any costs for you.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Monthly subscriptions can also be terminated at any time. The cancellation will take effect at the end of the month in question.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone app, you will be able to cancel your subscription by overriding auto-renewal of paid in-app subscriptions by selecting “Manage App Subscriptions in your iTunes account settings and choosing the subscription you want to change. If you purchase a subscription through the Google Play Store, you may cancel automatic renewals by going to Subscriptions in your Account Settings on your Google Play app, or by following the applicable procedure as directed by Google Play.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Unless otherwise stated, Happyr Ltd. and/or it’s licensors own the intellectual property rights for all material on Happyr Ltd.’s website and other means of communication (i.e. social media such as Meta). All intellectual property rights are reserved. You may view and/or print pages fromhttps://happyrhealth.com/ for your personal use subject to restrictions set in these terms of service.
You must not:
● Republish material from https://happyrhealth.com/
● Sell, rent or sub-license material from https://happyrhealth.com/
● Reproduce, modify, duplicate or copy material from https://happyrhealth.com/
● Redistribute content from Happyr Ltd. (unless content is specifically made for redistribution).
● Use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
Happyr Health®, any Happyr Services or services marks are trademarks of Happyr Health. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the App, Websites and Services are owned by Happyr Health. The present terms do not have the effect of granting you any license or right allowing you to use, modify, delete or copy these elements. Any misuse by you of the trademarks displayed on the Services is strictly prohibited. Happyr Health will exercise its trademark rights to the fullest extent permitted by applicable law, including by taking criminal action.
Hyperlinking to our Content
You may link to our home page, to publications or to other web site information so long as the link:
- is not in any way misleading;
- does not cast a negative impression on Happyr Ltd. or the services and products offered.
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- fits within the context of the linking party’s site.
Any website that contains a link to our Website must comply in all respects with the content rules set out in our acceptable use policy. If you wish to use content on or in the Services in a manner other than that indicated above, you must address a request to the following address:firstname.lastname@example.org
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or the appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our web site, you agree to be bound to and abide by these linking terms of service.
Removal of links from our website
If you find any link on our web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your Website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information or obtaining professional or specialist advice. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns and questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
● limit or exclude our or your liability for death or personal injury resulting from negligence;
● limit or exclude our or your liability for fraud or fraudulent misrepresentation;
● limit any of our or your liabilities in any way that is not permitted under applicable law; or
● exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
● are subject to the preceding paragraph; and
● govern all liabilities arising under the disclaimer or concerning the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Happyr Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We care about migraine patients and their stakeholders, but we do not intend to give any medical advice. The website and whole communication we do is for information purposes only. We do not intend to communicate anything that comes close to a diagnosis, treatment, cure, mitigation or prevention of any type of medical condition. We do not intend to replace any kind of therapy and especially not any advice of a healthcare professional.
Medical Device disclaimer
We do not sell any product or service that is a medical device if not explicitly stated. This means that our tools, services and products are not supervised by the FDA or EMA. This further means that our products and services are not intended to be used as diagnostic or therapeutic devices.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Further prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless Happyr Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the British laws of Kemp House 160 City Road, London, England, EC1V 2NX.