TERMS AND CONDITIONS
Caution: Don’t use this service if you have: Congestive heart failure, Other sleep disorders, Lung diseases – e.g. Chronic obstructive pulmonary disease, your Body Mass Index is 40 or over or you suffer from, or have suffered from a neuromuscular disease (such as stroke, Parkinson’s, MS). If this applies to you, we regret to advise we cannot help with a suitable sleep study. We advise you to see a consultant and seek a thorough sleep analysis through a Polysomnogram.
This agreement applies as between you, the User of this Website and eeZed the owner of this Website shop (https://snorer.com/shop). The User agrees to comply with and be bound by this agreement. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
A User’s order constitutes a contractual offer and eeZed’s acceptance of that offer is deemed to occur upon eeZed sending an order confirmation email to a User’s Account indicating that the order has been fulfilled and is in transit.
The Hired Goods sent to a User are HIRED for one night’s use. Goods must be returned within two working days to Papworth Hospital.
It is of the upmost importance to eeZed that a User’s anonymity remains secure.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account means the digital medium through which a User confirms their use of the Website and provides their personal information and Payment Information to obtain credentials to access Paid Content and any Communications System on the Website;
Agreed Period means the time that a User may rent the Hired Goods, as outlined in clause 13, as may be amended from time to time by written agreement;
Carrier means any third party responsible for transporting hired Goods to Users;
System means any online communications infrastructure that eeZed makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
eeZed Limited means eeZed Limited a company registered in England (with company number 07907333) of Green End Farmhouse, Green End, Granborough, Buckingham, MK18 3NT, United Kingdom
Hire Fee means the fee that the User agrees to pay to rent the Hired Goods for the Agreed Period as confirmed in clause 13;
Hired Goods means the HST equipment and any other goods which may be hired to a User subject to these terms and conditions.
HST equipment The Home Sleep Testing equipment used as a component of the ASAP anonymous sleep apnoea process ™
Rights means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, 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.
Paid Content means the end results from any Services purchased by Users;
Payment Information means any details required for the purchase of Services of renting of Hired Goods from the Website. This includes, but is not limited to, credit or debit card numbers, bank account numbers and sort codes;
Papworth Hospital NHS Foundation Trust of:
Premises means Our place(s) of business located at:
94 High Street
Service means collectively any online facilities, tools, services or information that eeZed makes available through the Website either now or in the future, including the hiring of any goods which may be required to provide any of the above;
User/Users means any individual or business that accesses the Website, activates an Account and/or purchases any Services from the Website
Website means https://snorer.com/shop and any sub-domains of that website unless expressly excluded by their own terms and conditions;
2. Age Restrictions
2.1 Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. International Customers
3.1 At present this service is not available outside of the United Kingdom. The terms of this Agreement apply to users outside the United Kingdom. Access to the Content or any Services may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction as well as the United Kingdom.
4. Intellectual Property
4.1 All Intellectual Property Rights in the Website are the property of Snorer.com Limited and eeZed has the right to use such Intellectual Property Rights.
4.2 Unless otherwise expressly indicated, all Intellectual Property Rights in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.3 Users will retain their Intellectual Property Rights in any Content which they upload onto the Website (subject to the conditions in paragraph 9)
4.4 Users may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Links to Other Websites
5.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of eeZed . eeZed assumes no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
6.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://snorer.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at email@example.com or by using our contact form.
7. Use of Communications System
7.1 When using any Communications System on the Website, a User should do so in accordance with the following rules. Failure to comply with these rules may result in a User’s Account being suspended or closed:
7.1.1 A User must not use obscene or vulgar language;
7.1.2 A User must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 A User must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language(s) as eeZed may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which A User identifies themselves must not violate these Terms and Conditions or any applicable laws;
7.1.6 Subject to clause 8.1.5 above, a User must not identify any personal information of any sort, whether of themselves or any connected individual (including family members) or any other third party, when using any Communications System.
7.1.7 A User must not impersonate other people, particularly employees and representatives of eeZed; and
7.1.8 A User must not use the Communication System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 A User acknowledges that eeZed reserves the right to monitor any and all communications made to Us or using any Communications System.
7.3 A User acknowledges that eeZed may retain copies of any and all communications made to eeZed or using any Communications System.
7.4 A User acknowledges that any information you send to eeZed through any Communications System may be modified by eeZed in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon eeZed’s use of such information must be communicated to eeZed in advance. eeZed reserves the right to reject such terms and associated information.
8.1 A User must create an Account before they will be granted full use of the Website and are permitted to purchase any Services.
8.2 An Account will contain personal details and Payment Information.
8.3 It may be possible to access certain parts of the Website without providing Payment Information but Services will not be available for purchase until the necessary Payment Information is verified by eeZed.
8.4 By creating an Account and continuing to use this Website you represent and warrant that:
8.4.1 any and all information you submit is accurate and truthful;
8.4.2 you are able to or have permission to submit Payment Information; and
8.4.3 you will keep this information accurate and up-to-date.
8.5 It is recommended that Users do not share their Account details, specifically their username and password with anyone. eeZed accepts no liability for any loss or damage incurred as a result of Users sharing their Account details. If Users make use of a shared computer, it is recommended that Account details are not saved in an internet browser.
8.6 If a User has reason to believe that their Account details have been obtained by another person without their consent, they should contact eeZed immediately to suspend their Account and cancel any unauthorised hires that may be pending. Please be aware that hires can only be cancelled until they are dispatched. In the event that an unauthorised hire is dispatched prior to your notifying eeZed of the unauthorised nature of the hire, the User accepts full liability for the costs incurred.
8.7 When choosing a username Users are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of their Account.
9. Termination of Accounts
9.1 An Account may be terminated by eeZed with immediate effect by written notice. A User will be notified by email and an explanation for the termination may be provided. eeZed is under no obligation to provide any reason for a termination.
9.2 Upon termination, any current or pending hires on an Account will be cancelled and will not be dispatched.
9.3 If Hired Goods have been dispatched, or if a User has failed to return Hired Goods, eeZed reserves the rights to charge the User for the return or replacement of the Hired Goods.
9.4 A User may make a written request to eeZed to terminate their Account. Such a request should be in the form of a notice prescribed by clause 28 below. eeZed shall terminate an Account within 3 days of a request.
9.5 Following termination in accordance with 10.4 above, any non-dispatched hires will be cancelled and you will be refunded any monies paid in relation to those hires within 14 calendar days.
10. Goods, Pricing and Availability
10.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Hired Goods correspond to the actual goods, eeZed is not responsible for variations from such descriptions. This does not exclude liability for mistakes due to eeZed’s negligence and refers only to minor variations of the correct goods, not different goods altogether. Please refer to Clause 12.1 for incorrect Goods.
10.2 Where appropriate, a User may be required to select the required size of the Hired Goods and should do so immediately. Any delay in selecting the required size will result in the distribution of the Hired Goods being delayed.
10.3 eeZed neither represents nor warrants that Hired Goods will be available. Stock indications are provided on the Website by eeZed as often as practicable.
10.4 The Website will be maintained with the most accurate current pricing structure of each Service. eeZed reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
11.1 A User must select the Hired Goods or Service that it requires from the Website and confirm its agreement for payment to be made (Order).
11.2 An Order must identify the individual or individuals that intend to use the Hired Goods.
11.3 An Order constitutes a contractual offer that eeZed may, at its sole discretion, accept. Acceptance of an Order is indicated by an order confirmation email being sent to the email designated in the Account (Order Confirmation). A binding contract between the User and eeZed shall be formed upon when an Order Confirmation is sent.
11.4 An Order Confirmation under sub-clause 11.3 shall contain the following information:
11.4.1 Confirmation of the Hired Goods ordered, including full details of the main characteristics of those Hired Goods;
11.4.2 Confirmation of the Hire Fee;
11.4.3 Fully itemised pricing for the Hired Goods including, where appropriate, taxes, delivery and other additional charges;
11.4.4 Estimated delivery date(s) and time(s);
11.4.5 The Agreed Period; and
11.4.6 Details of how to login to https://results.snorer.com and decrypt your test data.
11.5 If eeZed, for any reason, does not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
11.6 All Hired Goods will be despatched within 30 calendar days of eeZed’s order confirmation unless otherwise agreed, and will be confirmed in email (Dispatch Date). Hired Goods will be delivered by a reputable courier of eeZed’s choice.
11.7 The risk in the Goods shall remain with eeZed until they are delivered to a User.
11.8 At the end of the Agreed Period, the User must either;
11.8.1 send the HST equipment to Papworth Hospital; or
11.8.2 return Hired Goods to eeZed,
by Royal Mail Special Delivery or an approved courier service. The User must confirm by email to eeZed the date that the Hired Goods and/or HST equipment have been sent or collected (Pickup Date).
11.9 The results from any Service shall be encrypted and uploaded onto https://results.snorer.com as soon as they are ready. A User shall be informed by email that their results have been uploaded. It is the User’s responsibility to login and download their results within a reasonable period of time. Results will be deleted 7 days after you have downloaded them from eeZed’s server.
12. HST Equipment
12.1 The HST equipment is the absolute property of Papworth Hospital. The User acknowledges that it is hiring the HST equipment from Papworth Hospital for the Agreed Period. The User has no other right, title or interest in the HST equipment.
12.2 The User accepts responsibility for the safekeeping of the HST equipment whilst in their possession. The HST equipment must be returned by the User in the condition in which it was received and in good working order.
12.3 The HST equipment is checked prior to dispatch. It is the responsibility of the User to check upon receipt that it is in good working order and in an undamaged condition. Papworth Hospital and eeZed will not be responsible for any defects or deficiencies in the HST equipment unless notification has been made in writing upon receipt of the HST equipment to eeZed
12.4 The User shall not assign, transfer or otherwise part with possession of the HST equipment during the period of hire without the prior written consent of eeZed. The User will permit eeZed and Papworth Hospital access at all reasonable times to inspect the HST equipment including procuring access to any premises where the HST equipment are located.
12.5 Any intention to take the HST equipment outside of the UK must be notified in writing to eeZed at the time of making an Order. eeZed reserves the right to decline hire for any overseas use.
13. Loss or Damage to HST Equipment
13.1 The User shall take adequate and proper measures to protect the HST equipment from theft, damage and other risks.
13.2 The User shall notify eeZed of any change of address, provide details of the location of the HST equipment.
13.3 The HST equipment must be returned following the agreed period. Should the HST equipment not be returned eeZed reserves the right to disclose the User’s name and address to Papworth Hospital or any agents to assist in its recovery.
13.4 Where HST equipment is returned with missing components (including but not limited to batteries, memory cards, cases and any other ancillary items connected with the Hired Goods), the User shall ensure that said components are returned to Papworth Hospital by either Royal Mail Special Delivery or an approved courier service within 2 working days of the Pickup Date. If the components are not returned by this time and no agreement has been made in writing between Papworth Hospital and the User, all monies owed for replacing said components will become immediately due and Papworth Hospital will then look to recover monies from the User, in conjunction with eeZed.
13.5 If HST equipment or components of the HST equipment are not returned to Papworth Hospital within 2 days of the Pickup Date, the User must liaise with Papworth Hospital and take all necessary steps and actions to determine the location of the HST equipment, and explain why it has not been delivered to Papworth Hospital. The User must take all available steps to recover the HST equipment.
13.6 If HST equipment or components of the HST equipment are not returned to Papworth Hospital within 2 days of the Pickup Date, and the User does not cooperate with Papworth Hospital in accordance with clause 12.10 to ensure the return of the HST equipment or any components, a User’s personal contact details may be passed from eeZed to any third party for the purpose of recovering the HST equipment or any components of the Hired Goods.
14. Loss or Damage to Hired Goods
14.1 The User shall be responsible for the safe keeping of the Hired Goods throughout the hire period
14.2 The User shall not remove any labels from and/or interfere with the Hired Goods or make any permanent modifications to it. The User will only use the Hired Goods in a safe and correct manner in accordance with the operating manual/instructions supplied with them.
14.3 The User will immediately, without delay, notify:
14.3.1 eeZed, in respect of any Hired Goods; or
14.3.2 Papworth Hospital, in respect of the HST equipment,
of any loss or damage to the Hired Goods or HST equipment, whether the whole or part, and where theft has occurred immediately and without delay inform the police and obtain a crime reference number (which it will provide to eeZed or Papworth Hospital immediately upon request in writing or by email to the email provided under the Account).
14.4 The User shall not carry out or attempt to carry out any repairs to damaged Hired Goods without written permission and instructions from eeZed.
14.5 The User shall not carry out or attempt to carry out any repairs to damaged HST equipment without written permission and instructions from Papworth Hospital.
14.6 The User shall be liable to:
14.6.1 eeZed for all costs of repairs to damaged Hired Goods; and
14.6.2 Papworth Hospital for all costs of repairs to damaged HST equipment.
14.7 The User shall be liable to eeZed for the full cost of replacing any lost Hired Goods, or any Hired Goods which in the reasonable opinion of eeZed are not financially viable or physically possible to repair, with goods of the same or similar specification to that which has been lost or damaged.
14.8 The User shall be liable to Papworth Hospital for the full cost of replacing any lost HST equipment, or any HST equipment which in the reasonable opinion of Papworth Hospital is not either financially viable or physically possible to repair, with goods of the same or similar specification to that which has been lost or damaged.
14.9 The User shall also without limitation be liable for any loss of rental income from the Hired Goods or HST equipment resulting from such loss or damage for the period it takes to effect repairs or obtain a replacement.
14.10 Where Hired Goods are returned with missing components, the User shall ensure that said components are returned to eeZed by either Royal Mail Special Delivery or an approved courier service within 2 working days of the Pickup Date. If the components are not returned by this time and no agreement has been made in writing between eeZed and the User, all monies owed for replacing said components will become immediately due and eeZed will then look to recover monies from the User.
14.11 If Hired Goods or components of Hired Goods are not returned to eeZed within 2 days of the Pickup Date, the User must liaise with eeZed and take all necessary actions to determine where the Hired Goods are, and why they have not been delivered to eeZed. The User must take all available steps to recover the Hired Goods.
14.12 If Hired Goods or components of Hired Goods are not returned to eeZed within 2 days of the Pickup Date, and the User does no cooperate with eeZed to ensure the return of the Hired Goods or any components, a User’s personal contact details may be passed from eeZed to any third party for the purpose of recovering the Hired Goods or any components of the Hired Goods.
14.13 Certain components in the Hired Goods may be single use items. Such components will be clearly marked and identified and may be disposed of by the User.
15. Payment and Cancellation
Payment for an Order shall be taken in full, including the full Hire Fee and any courier charges, immediately following an Order Confirmation (see clause 11.3) has been sent. The Credit or Debit card details provided under an Account shall be charged.
15.1 If an Order needs to be cancelled or amended at any time after an Order Confirmation, the User must inform eeZed in writing (e-mail) immediately. eeZed cannot guarantee that any amendments will be possible. An order or invoice number will be required and eeZed may request a reason for the cancellation or amendment.
15.2 It is the User’s responsibility to return any Hired Goods that are delivered pursuant to a cancelled or amended Order in accordance with clause 11.8. The terms of clauses 13 and 14 apply as well.
15.3 By making an Order, a User is expressly requesting the immediate dispatch of the Hired Goods and is expressly waiving his or her statutory rights to cancel the Order.
15.4 If a Customer wishes to cancel an Order, the following charges will apply:
15.4.1 For an Order cancelled once the Hired Goods have been dispatched to a User, any courier charges;
15.4.2 For an Order cancelled once the Hired Goods have been used and returned to eeZed or sent to Papworth Hospital, any courier charges and [50%] of the Hire Fee; and
15.4.3 For an Order cancelled at any other stage, the full Hire Fee and any courier charges.
15.5 You shall in writing inform eeZed immediately of any changes to an Order. eeZed cannot guarantee that changes will be possible and will not be liable for any issues caused by unauthorised changes to an Order.
15.6 Times quoted for a delivery of Hired Goods are an estimate only. The User acknowledges that delivery may be delayed for any number of reasons and eeZed is not responsible for any issues that arise as a result of any delay in delivery.
16.1 The User shall at all times fully indemnify eeZed, its employees, servants and agents against all actions, costs, claims, demands, proceedings or liabilities arising from or in conjunction with the Hired Goods, materials or any other services supplied to the User by eeZed which have been used by anyone other than the User who has created the Account, or where necessary, any individual identified by a business as using the Hired Goods.
17. Test Results
17.1 eeZed has no involvement in the analysis and interpretation of the data acquired by the Hired Goods. eeZed will not have access to a User’s personal information or medical records or the encrypted results themselves.
17.2 Any results from a Service are provided by qualified professionals and not eeZed. eeZed shall have no liability in respect of any results.
17.3 The User must seek medical advice from a qualified medical practitioner before taking any further action in response to any results. eeZed shall have no liability in respect of any independent medical advice given to a User subsequent to any report.
18.3 eeZed uses Stripe to process payments. It does not store credit card details or share User’s details with any third parties. Snorer.com will appear on any bank statements
19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that eeZed collects (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the User’s rights under that Act.
19.2 eeZed may use the User’s personal information to:
19.2.1 Provide the Hired Goods and Services to them;
19.2.2 Process any payments;
19.2.3 Inform Users of new available Services; and
19.2.4 eeZed will not pass on any personal information to any other third parties subject to the provisions over the recovery of lost or damages.
20.1 eeZed makes no warranty or representation that the Website will meet a User’s requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. eeZed makes no guarantee of any specific results from the use of its Services.
20.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
20.3 eeZed shall take every reasonable step to ensure that the Website and any Service is available and fully functional. Whilst eeZed uses all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Users are strongly advised to take responsibility for their own internet security, personal details and computers and eeZed gives no warranty that the Website will be free from defects and/or faults.
20.4 The Website may be unavailable from time to time and eeZed will try to minimise disruption as much as possible.
21. Changes to the Service and these Terms and Conditions
21.1 eeZed reserve the right to change the Website, its Content or these Terms and Conditions at any time. Users will be bound by any changes to the Terms and Conditions from the first time they use the Website following the changes. If eeZed is required to make any changes to these Terms and Conditions pertaining to the hire of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed in the future.
22. Limitation of Liability
22.1 To the maximum extent permitted by law, eeZed accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
22.2 Nothing in these Terms and Conditions excludes or restricts eeZed’s liability for death or personal injury resulting from any negligence or fraud on the part of eeZed.
22.3 eeZed shall have no liability for any direct or indirect loss or damage arising out of the incorrect delivery of Hired Goods or out of reliance on incorrect information in an Account or otherwise provided by a User.
22.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22.5 Please note: Although we possess thorough knowledge of our products, we cannot offer you medical advice. Please discuss any health queries you may have with your GP and/or sleep consultant.
23. No Waiver
23.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24. Previous Terms and Conditions
24.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
25. Third Party Rights
25.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and eeZed Ltd.
26.1 All notices and communications to eeZed shall be by post to its Premises (see address above) or by email to firstname.lastname@example.org Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full by 4.30pm on a business day and on the next business day if the email is sent on a weekend or public holiday.
26.2 eeZed may from time to time send information about products and/or Services. If Users do not wish to receive such information, they will need to unsubscribe, which will be obvious through the email.
27. Law and Jurisdiction
27.1 These Terms and Conditions and the relationship between the User and eeZed shall be governed by and construed in accordance with the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
© Snorer.com 2016 / 2017. All rights reserved.
Created by Adrian Zacher | Page last updated 20th Mar 2017
We don’t give advice – we give information so you may choose in a more informed way. The information provided on Snorer.com is intended to complement and not replace the relationship an individual has with their own doctor. If you experience drowsiness or excessive daytime sleepiness or are worried about any aspect of health you should contact your doctor/PCP in person.
ASAP™ is CE marked, standalone, software as a medical device (SaMD).
The manufacturer of ASAP Anonymous Sleep Apnoea Process™ is Snorer.com Ltd. Sleep House, 94 High Street, Sutton Courtenay, Abingdon, Oxfordshire, OX14 4AX. UK.