Terms and conditions

Terms and Conditions

Last updated: 30.05.2024

1.     General

1.1.  These terms (together with the documents referred to in them) govern the terms of use of all services provided on our Platform www.sysihealth.com

1.2.  Any reference to “Sysi”, “we”, “us” or “our” is a reference to Sysi Health Limited, a company registered in England and Wales with company number 15310282 and a registered address at 12 Codrington Mews, London, W112EH, United Kingdom.

 

1.3.  Please read these terms carefully before you start to use our Platform (“Platform”). These terms apply whether you are visiting the Platform as a guest or as a registered user. The use of our Platform includes accessing, browsing, or registering to our Platform.

 

1.4.  By using our Platform in any way, you confirm that you fully and unconditionally accept these terms and that you agree to comply with them and that these terms as modified from time to time form the basis of a contract between you and us.

 

1.5.  If you do not agree to these terms, you must not use our Platform.

 

1.6.  These terms refer to and are deemed to incorporate the following additional terms, which also apply to your use of our Platform:

1.     Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Platform, you consent to such processing, and you warrant that all data provided by you is accurate.

2.     Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.

3.     Our Cookie Policy, which sets out information about the cookies on our Platform.

 

1.7.  We seek to make the Platform as accessible as possible. If you would like these terms in another format (for example: audio, large print, braille) please contact us using the contact details given in these terms.

 

2.     Changes to these terms

2.1.  We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes made, as you will be deemed to have accepted these terms as amended if you continue to use the Platform after any amendments are made. If you do not agree to, or cannot comply with, these terms as amended, you should not use the Platform.

 

2.2.  We may update the Platform from time to time and may change the content at any time. However, please note that any of the content on the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Platform, or any content on either of them, will be free from errors or omissions.

 

3.     Our Services

3.1.  How we work

1.   Sysi operates as an online platform that facilitates the connection between individuals (“you”, “Client” or “Clients”) and mental health and wellness specialists (“Specialist” or “Specialists”) through various mediums, including video and audio interactions and typed/chat/ email conversations (collectively referred to as “Services”).

2.   Sysi does not directly provide mental health and wellness services. Instead, it acts as a facilitator, helping Clients to connect with Specialists for a range of services, such as therapy, coaching, counselling, consulting, education, as well as other mental health and wellness related services (referred to as “Consultations”). The scope of our Services is limited to providing referrals to specific Specialists. It's important to note that the Consultations provided by Specialists are not under Sysi's control or instruction, and as such, Sysi does not accept responsibility or liability for the content and outcomes of these Consultations.

3.   Our Specialists comprise a diverse array of mental health and wellness professionals, including psychologists, psychotherapists, coaches, nutrition therapists, and consultants.

a)    All psychotherapists and psychologists affiliated with Sysi are required to be registered with a reputable professional body or possess accreditations/experience deemed suitable by Sysi. They must also hold relevant insurance, such as Professional Indemnity Insurance, if applicable. For instance, UK-based psychologists or psychotherapists must be registered with one of the following:

  • British Psychological Society (BPS) 

  • British Association for Counselling and Psychotherapy (BACP)

  • British Association for Behavioural and Cognitive Psychotherapies (BABCP)

  • United Kingdom Council for Psychotherapy (UKCP)

  • Health and Care Professions Council (HCPC)

b)    Coaches, nutritional therapists, and consultants affiliated with Sysi may hold accreditation and will possess suitable experience.

4.     Our Services are accessed remotely using the internet, data networks and devices capable of internet access and operation.

5.   When you enter the Platform, we will ask you to register for a complementary matching consultation to access our Services. During this consultation, you will be asked a series of questions to understand your needs and preferences. These responses are used to identify a suitable Specialist.

6.   Following the matching and introduction to the Specialist, you will enter into a direct contract with your Specialist for the care to be provided (referred to as "Consultations"). Sysi is not a party to this contract and is not involved in the arrangement of Consultations. Consequently, Sysi bears no responsibility if the Specialist fails to fulfil their commitments, if the arrangements are not adhered to, or if the Consultations do not meet expectations.

7.   You can reschedule or cancel your Consultations and/or your Sysi account at any time in accordance with paragraph 22. These cancellations are free but please be aware that charges apply for attended Consultations. To avoid additional charges, kindly notify the Specialist 48 hours before your scheduled Consultation. 

3.2.  Vetting: Specialists will undergo a thorough vetting and interview process before providing Consultations. However, it important to note that we cannot confirm the identity of each Specialist. Consequently, we do not assume responsibility for the accuracy or reliability of identity or background check information.

3.3.  Clients

1.     To register as a Client for a complementary matching consultation and access our Services you will be required to provide the following information:

a.    First and last name.

b.    Email address.

c.    Specialist service interest.

2.     To access Consultations with our Specialists, you will need to create an account with Sysi and provide the following additional information:

a.    Identification number.

b.   Home address.

c.    Payment details for the Fees via Stripe, our secure payment processing platform.

d.    Confirmation that you have read and accepted the Terms and Conditions.

3.    We may require you to provide other and/or further information to continue to make use of the Platform as a Client.

4.    By registering as a Client for a matching consultation, access to our Services, and/or access Specialist Consultations, you confirm that you understand these Terms and Conditions.

5.     When creating your account, it is essential to provide accurate and complete information. Any changes must be promptly updated through email to hello@sysihealth.com.

6.     We reserve the right to approve or reject any Client, or to delist or block any Client already registered on the Platform, for any reason, including the failure to provide information or comply with these terms. 

3.4.  Limitations on providing and using our Services or the Consultations

1.     In certain situations, Sysi or the Specialists may determine that our Services or the Consultations may not be suitable for you. You will be informed in such cases.

2.     Our Services or the Consultations must not be utilised for medical or healthcare inquiries, treating medical conditions, or addressing serious mental health issues. Sysi is not a registered healthcare provider under the Care Quality Commission (England) (“CQC”), and the Specialists are not registered medical or healthcare practitioners.

3.     You must refrain from using the Services or the Consultations for the purposes of diagnosing, treating, or following up on pathologies or psychological problems that require qualifications not possessed by our Specialists or necessitate face-to-face therapy. The Consultations are not equivalent to or a substitute for face-to-face therapy. In situations where face-to-face therapy is necessary, both you and the Specialist should avoid using the Services and Consultations.

4.     If you are aware that you have a recognised medical condition, always consult with a qualified medical professional for any questions you may have. In case of a medical emergency, contact your doctor or emergency services immediately.

5.     For addressing symptoms, we recommend consulting a qualified medical professional rather than seeking advice from our Specialists.

6.     The Platform is not suitable for managing medical emergencies.

7.     You must be at least 14 years old and have consent from your parents or guardian to use the Platform, access our Services, and have Consultations with a Specialist.

8.     We cannot guarantee the availability of our Specialists.

9.     We have a zero-tolerance policy for abuse or offensive behaviour towards any of our Specialists.

 

4.     Using the Platform

4.1.  Consent to Communications: By registering for our Services, you consent to receiving messages via phone calls, text messages, and emails from us, if deemed necessary for any purpose.

 

4.2.  Accessibility of the Platform: The Platform is available for browsing free of charge. However, account registration is necessary to connect with a Specialist.

  

4.3.  Usage Terms: The Platform is intended for personal and non-commercial use by Clients only. Specialists should refrain from using the Platform for personal use.

 

4.4.  User Responsibilities: You acknowledge that you are solely responsible for:

1.     All costs related to your use of the Platform.

2.     Making necessary arrangements for access to our Platform.

3.     Keeping your account details confidential and up to date.

 

4.5   Account Security: We reserve the right to disable your account if, in our reasonable opinion, you fail to comply with any terms. If you suspect unauthorized access, promptly notify us at hello@sysihealth.com.

 

4.6   Sole Responsibility: You agree to be solely responsible for all activity under your account.

 

4.7   Geographic Limitations: The Platform is operated from the UK. We do not guarantee the appropriateness or availability of our Services, the Consultations, or Platform content in locations outside the UK. Accessing the Platform from outside the UK is at your own risk.

 

4.8   Exercise Caution: When interacting on the Platform, exercise caution and common sense to protect your personal safety and property.

 

4.9   Identity Supplanting: Creating an account that replaces or impersonates the identity of other individuals, clients, third parties, or public authorities is strictly prohibited.

 

4.10    Contractual Agreements: Subject to paragraph 3.1.7, Specialists and Clients introduced by Sysi must not enter a contract outside of these terms. Such actions will constitute a breach, and Sysi reserves all rights in this respect.

 

5.     Legal relationships, withholdings, and status

5.1.  Independent Contractor Status: It is our intention and understanding that each Specialist commissioned to deliver Consultations to a Client operates as an independent contractor, conducting business on their own behalf.

5.2.  Client-Contractor Relationship: Furthermore, it is our intention and understanding that each Specialist will establish a contract with each respective Client for whom they provide Consultations. This contractual arrangement designates the Client as a customer of the Specialist's professional or business undertaking, clarifying that Specialists are not considered "agency workers" under the Agency Workers Regulations 2010.

5.3.  Lack of Supervision: Each Client and Specialist acknowledges that we do not supervise, direct, or control a Specialist’s work or any Consultations in any manner.

5.4.  Work Arrangements: We do not dictate a Specialist’s work hours or location. Equipment, labour, or materials, except for the Services, will not be provided by us.

5.5.  Non-Employment Status: We are not an employment service, employment business, or employment agency, and we are not the employer of any Specialist.

5.6.  Tax and Withholdings: Therefore, we are not liable for any tax or withholdings, including but not limited to National Insurance, employer’s liability, social security, PAYE, or other payroll withholding tax in connection with a Client’s commissioning of a Specialist.

5.7.  Freedom of Location and Timing: Unless otherwise agreed between the Specialist and the Client for specific Consultations, the Specialist is free to provide Consultations from any location and at any time deemed suitable by the Specialist.

5.8.  Substitution Rights: The Specialist is entitled to substitute another suitable Specialist to provide all or part of the Consultations.

6.     Medication

Our Specialists will not prescribe medication or provide advice regarding any medication to Clients.

 

7.     Technical requirements for using the Platform

7.1.  To access our Services and Consultations, you must have a smartphone and/or laptop with internet or data network connectivity.

7.2.  Our Specialists are required to use GDPR compliant video conferencing solutions (e.g., Zoom, Whereby, and Google Meet) for Consultations.

7.3.  We provide Services through various means, including audio interactions (e.g., phone calls), video conferencing (e.g., Zoom, Whereby, and Google Meet), and typed/chat/email conversations.

7.4.  We will not issue refunds if technical issues with your equipment or internet connection prevent you from using our Platform, Services, or Consultations.

 

8.     Consultation recordings

The Consultations are not recorded.

 

9.     Uploading content to our Platform

Clients and Specialists are not allowed to upload content to the Platform.

 

10.   Viruses

We cannot guarantee that our Platform will be secure or free from bugs or viruses. It is your responsibility to configure your information technology, computer programs, and platform to access the Platform safely. We recommend using your virus protection software. You are strictly prohibited from misusing the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful. Unauthorized access attempts to the Platform, the server where it's stored, or any connected server, computer, or database are strictly forbidden. You must not attempt to access other user accounts or launch a denial-of-service attack or a distributed denial-of-service attack. A breach of this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will promptly report any such breach to the relevant law enforcement authorities and cooperate by disclosing your identity. In the event of a breach, your right to use the Platform will cease immediately.

 

11.  Linking to our site

You are allowed to link to our Platform home page, but it must be done fairly and legally without causing harm to our reputation or taking advantage of it. Do not establish a link that implies any association, approval, or endorsement on our part where none exists. Linking to our Platform in a Platform not owned by you is not permitted. Our Platform should not be framed on any other site, and links should only be directed to the home page. We reserve the right to withdraw linking permission without notice. The Platform in which you are linking must comply with the content standards outlined in our Acceptable Use Policy. If you intend to use content from our Platform beyond these terms, please contact hello@sysihealth.com

 

12.  Hyperlinks and third-party sites

The Platform may contain hyperlinks or references to third party Platforms other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Platforms and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party Platform does not mean that we endorse that third party’s Platform, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.

 

13.  Accuracy of information and availability of the Platform

13.1.  While we try to make sure that the Platform are accurate, up-to-date, and free from bugs, we cannot promise that they will be. No warranty, representation or guarantee whether express or implied, is given as to their accuracy and we do not accept any liability for error or omission. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

 

13.2.  We may suspend, withdraw, discontinue, change, or terminate all or any part of the Platform without notice at any time as we see fit.

 

13.3.  While we try to make sure that the Platform are available for your use, we do not promise that the Platform will be always available, nor do we promise the uninterrupted use by you of the Platform. We will not be liable to you for any reason the Platform are unavailable or interrupted at any time for any period.

 

13.4.  Content on the Platform is provided for general information purposes only and should not be considered advice on which you should solely rely. Before taking or refraining from any action based on the content, it is imperative to seek professional or specialist advice.

 

14.  Limitation on our liability

14.1.  While we may be liable to you in certain circumstances, we are not liable to you in every eventuality. This section sets out the situations where we will not be liable to you.

 

14.2.  Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1.      Use of, or inability to use, the Platform.

2.      Use of or reliance on any content displayed on the Platform.

3.      Downloading or copying or other use of any material uploaded onto our Platform.

4.      Any act or omission or failure on the part of any payment provider we use.

 

14.3.    Please be aware that, specifically but not limited to, we will not be held liable for:

1.     Loss of profits, sales, business, or revenue.

2.     Business interruption.

3.     Loss of anticipated savings.

4.     Loss of business opportunity, goodwill, or reputation.

5.     Any indirect or consequential loss or damage.

 

14.4    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any Platform linked to them.

 

14.5    We assume no responsibility for the content of Platforms linked on our Platform. Such links should not be interpreted as endorsements by us of those linked Platforms. We will not be liable for any loss or damage that may arise from your use of them.

 

14.6    We will not be liable for any compensation to you or otherwise in the event that you have suffered any loss or damage that was unforeseeable, indirect or an incidental consequence of breaching these terms.

 

14.7    We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions.

 

14.8    We only act as an intermediary between Clients and Specialists and as such we have no responsibility or liability for the actions of Clients and Specialists, the communications between the Clients and Specialists or any other circumstances relating to Clients and Specialists. Although we may vet Specialists (please see paragraph 3.2 above), we are not responsible for the Specialists, their credentials or their conduct.

 

14.9    We will not be liable for any false or misleading statements made by any Client or Specialist.

 

14.10 While we will match Clients to Specialists, we will not take part in the interaction between Clients and Specialists. We are not responsible or liable for the performance by Specialists and have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Consultations or of any ratings provided by Clients or Specialists in respect of each other.

 

14.11 We give no assurances about the availability, suitability, reliability, timeliness, or accuracy of provision of any Services or Consultations or as to the suitability of any Services or Consultations in relation to any specific condition.

 

15.  Events beyond our control

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lockouts or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

16. Fees

16.1. Clients will be charged per Consultation and have two payment options:

1. Self-funded.

2. Third party-funded (e.g., by your employer, friend, relative, partner, etc.).

16.2. Following the initial Consultation, you will receive a secure payment link via Stripe, a trusted payment processing platform, to authorise future automatic payments of the Consultations. Subsequently, Clients will benefit from the convenience of monthly automatic billing for their Consultations (the Fees), receiving an invoice and payment confirmation promptly thereafter.

 

16.3. We require you or your third-party payer to set up a direct debit to pay for the Consultation fees. We may use the direct debit to collect cancellation or no-show fees, and other charger that you are liable for.

 

16.4. The Consultation price varies depending on the Specialist’s cost, but you will always be informed of the price when choosing a Specialist to work with.

 

16.5. We do not directly engage with insurance companies. If you intend to use medical insurance to cover your Fees, you must liaise directly with your insurance company for reimbursement. We are not involved in this process and are not responsible for your interactions with your insurance provider. Before registering with Sysi, it is advised to verify the reimbursement process and required documentation with your insurance company.

 

16.6.  If you choose to have a third party fund your Consultations, you will be responsible for any payment of Fees, whether in full or in part, or any excess amount not covered by the third party.

 

16.7. You can cancel or reschedule your Consultations up to 48 hours before the scheduled time. If you miss your Consultation, or give less than 48 hours’ notice of cancellation, you will be charged the full price of your Consultation.

 

16.8.  Failure pay for your Consultations may result in suspension or cancellation of your account with Sysi, our Services, and the Consultations. If you encounter difficulties setting up your direct debit or making payments, please notify Sysi as soon as possible.

 

16.9. We reserve the right to adjust the price of future Consultations at any time, providing you with at least 30 days’ prior notice. If you do not wish to pay the revised price, you may cancel your account as described in section 22.

 

16.10. We utilise Stripe, a third-party payment processing provider, to process payments. Your use of Stripe’s services is subject to their terms and conditions. We do not store any of your financial information.

 

16.11. We hold the Fees on behalf of the Specialists in escrow and are authorised by the Specialists to manage these funds. At the end of each calendar month, we invoice the Specialists for their use of our Services (the Commission), deducting the Commission from the Fees and returning the remaining sum to the Specialist.

 

16.12. Clients are not required to make any payment directly to the Specialists.

16.13. In the event of unsuccessful payment processing of the Fees, we will make a second attempt. If the second payment fails, you will be contacted. We reserve the right to suspend or cancel the provision of Services or Consultations if Fees are not paid. If you encounter difficulties setting up your direct debit or making payments, please inform us promptly.

17.  Payment Provider

If a third party payment processing provider (e.g. Stripe) /or any bank with which we have an account becomes insolvent, or is the subject of any insolvency, administration, moratorium or analogous proceedings, or if any other circumstances affect our ability to access or deal with funds, we will not be liable for any loss of the money held in any account or for any other loss or damage incurred or suffered by any Client or Specialist as a result. In certain circumstances we may be able to make a claim under the Financial Services Compensation Scheme (FSCS) in respect of money held in respect of these arrangements and each relevant Client and Specialist agrees that we may disclose any necessary or relevant information to the FSCS in connection with any such claim.

 

18.  Ownership, use and intellectual property rights

18.1.  Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

18.2.  The Platform and all Intellectual Property Rights in the Platform are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms, the Platform. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

 

18.3.  Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

 

18.4.  You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

 

18.5.  If you print off, copy or download any part of the Platform in breach of these terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

18.6.  The rights which you licence to us are specified under the heading “Rights you licence” below.

 

18.7.  Nothing in these terms grants you any legal rights in the Platform. You agree not to adjust to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.

 

18.8.  The use of any trademarks on the Platform is strictly prohibited unless you have our prior written permission.

 

19.  Rights you license

19.1.    If you are able to upload or post content to any open part of the Platform, when you upload or post such content, you grant the following licences:

1.      To us, a worldwide, non-exclusive, royalty-free, transferable, indefinite licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the content via the site and otherwise in connection with the our business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels.

2.      To each user of the Platform, a worldwide, non-exclusive, royalty-free licence to access your content through the Platform, and to use such content to the extent permitted by the functionality of the site and under these terms and for the purposes of considering or engaging upon a possible commission of or contact with you.

3.      The above licences granted by you are perpetual and irrevocable.

 

20.  How we will use your personal information.

20.1.  Please also see our Privacy Policy.

 

20.2.  We will use the personal information you provide to us:

1.     For the purposes of your use of the Platform and/or Services.

2.     To process any payment to you or from you.

3.     For any purpose as referred to in these terms or in our Privacy Policy, Acceptable Use Policy, or Cookie Policy.

4.     If you agreed to this during the account opening process or otherwise, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

 

20.3    We will only give your personal information to other third parties where the law either requires or allows us to do so or in circumstances permitted under these terms, our Privacy Policy, Acceptable Use Policy or Cookie Policy.

 

21.  Complaints and disputes

21.1.  We hope that you are happy with our Services and the Platform. However, in the event that you would like to raise any issue or provide us with feedback, please do contact us on the details provided in our contact section. In order to resolve the matter effectively and satisfactorily, please get in touch as soon as possible.

 

21.2.  When contacting us, please provide as much information as possible. The more information you provide, the quicker we can address the matter.

 

21.3.  These terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

21.4.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

22.  Ending your relationship with us

22.1.    These terms will continue to apply until terminated by either you or us as set out below.

 

22.2.    If you want to terminate your legal agreement with us, you may do so by notifying us at any time by emailing us at hello@sysihealth.com to close your account.

 

22.3.    On the closure of your Sysi account, your Specialist will be notified, and you will not continue the Consultations or Services.

 

22.4.    We may at any time terminate forthwith our legal agreement with you:

1.     If you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to or are unable to comply with the provisions of the terms).

2.     If we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

3.     If we are no longer able to offer access to the Platform to users in the country in which you are resident or from which you access the site).

4.     If the provision of the Platform is, in our opinion, no longer commercially viable).

5.     Under the terms of the independent contractor agreement entered with each Specialist.

6.     On giving you 30 days written notice.

 

22.5. When these terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely (including without limitation licences which you provide), shall be unaffected by this cessation.

 

23.  Rights of third parties

No one other than a party to these terms has any right to enforce any of these terms.

 

24.  Contact

We would be happy to hear from you if you have any comments, suggestions or queries. Please contact us at hello@sysihealth.com

 

25.  Regulation for Digital Services

Pursuant to Article 24(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (DSA), online platforms are to publish information on the average monthly active recipients of the service in the European Union (EU), and that information shall be determined in accordance with Recital 77 of the DSA. On that basis, our average number of monthly active recipients of the service in the EU in the period between 1 August 2022 and 31 January 2023 was 152.206.

Acceptable Use Policy

 

1.     Introduction

1.1.  This acceptable use policy sets out the terms between you and us under which you may access our Platform  www.sysihealth.com  (our Platform). This acceptable use policy applies to all users of, and visitors to, our Platform.

 

1.2.  Your use of our Platform means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. If you do not agree with these terms, you must not use our Platform.

 

1.3.  The Platform is operated by Sysi Health Limited (trading as Sysi) (“we”, “us” or “our”), a company registered in registered in England and Wales with company number 15310282 and a registered address at 12 Codrington Mews, London, W112EH, United Kingdom.

 

1.4.  We may amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.

 

2.     Prohibited uses

2.1.  You may only use our Platform for lawful purposes. You must not use our Platform:

1.     In any way that breaches any applicable local, national, or international law or regulation.

2.     In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

3.     For the purpose of harming or attempting to harm minors in any way or if in an emergency or harming oneself.

4.     To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.

5.     To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

6.     To knowingly 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 any computer software or hardware.

 

2.2.  You also agree to not:

1.      Reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our terms and conditions.

2.      Access without authority, interfere with, damage, or disrupt:

a) Any part of our Platform.

b) Any equipment or network on which our Platform are stored.

c) Any software used in the provision of our Platform.

d) Any equipment or network or software owned or used by any third party.

 

3.      Content standards

3.1   These content standards apply to all material which you add to our Platform, and to any interactive services associated with it.

 

3.2   You must comply with the spirit and the letter of the following standards. The standards apply to each part of any content you post as well as to its whole.

 

3.3   Content must:

1.      Be owned by or licenced to you and you must have all necessary permissions and licences.

2.      Be accurate (where they state facts).

3.      Be genuinely held (where they state opinions).

4.      Comply with applicable law in the UK and in any country from which they are posted.

 

3.4   Contributions must not

1.      Contain any material which is defamatory of any person.

2.      Contain any material which is obscene, offensive, hateful, or inflammatory.

3.      Promote or include sexually explicit material.

4.      Promote violence.

5.      Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

6.      infringe any copyright, database right or trademark of any other person.

7.      Be likely to deceive any person.

8.      Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

9.      Promote or involve any illegal activity.

10.   Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.

11.   Be likely to harass, upset, embarrass, alarm, or annoy any other person.

12.   Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

13.   Give the impression that they emanate from us if this is not the case.

14.   Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

2.      Suspension and termination

4.1       We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

4.2       Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

1.     Immediate, temporary, or permanent withdrawal of your right to use our Platform.

2.     Immediate, temporary, or permanent removal of any posting or material uploaded by you to our Platform.

3.     Issue of a warning to you.

4.     Legal proceedings against you for reimbursement of all our costs and any losses we may have on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

5.     Further legal action against you.

6.     Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.     Forfeiture of any sums due to be paid to you and/or any sums which you have paid to us or to our payment provider.

 

4.3       We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

5.      Governing law

5.1.     If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

5.2.     If you are a business, the terms of this policy, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.