Terms and Conditions of the SemaPen Programme (Brief Outline):

The demand for new medications licenced to treat obesity is extraordinary, which is why SemaPen have developed a programme designed to cope with high patient volumes, but without compromising on access to expert clinical advice and care.


The SemaPen Programme (as defined in our terms and conditions) uses weight loss medications within a ‘wraparound’ online support programme that can provide both routine and (if required) personalised medical, dietetic and psychological advice. The content of the SemaPen Programme, its website and ordering portal has been created by healthcare professionals with extensive experience in the management of severe obesity.

Please note that as with all medical treatments, there is no absolute guarantee of risk-free success, and it is possible that you will not achieve your desired or predicted weight loss after treatment on the SemaPen Programme. During the registration process we will provide you with access to detailed information to help you make an informed decision, including but not limited to video information, FAQ’s on our website, and warnings regarding the potential risks and side effects (that were widely recognised at that time) and the dangers of providing us with inaccurate information during the self-triage process.

Failure to achieve satisfactory weight loss on treatment can be due to many reasons, especially poor adoption of the changes in eating behaviour and lifestyle that are essential for a successful outcome. Every patient is unique, and we can’t promise that you will reach your personal goals.

Case studies we use on our website and in promotional or other material are provided for information purposes only and do not form any representation as to the weight loss you will achieve.

When I join the SemaPen Programme, what do I get?

  • A monthly subscription for Wegovy, delivered to your home every 3-4 weeks
  • Digital smart scales delivered to your home when you sign up
  • Access to online support and exclusive content through the App, with real-time monitoring of your progress
  • Two-way communication with our clinical weight management team
  • Option of individual face to face video consultations


What is not included?

  • Replacement scales or Wegovy if lost or broken
  • Free individual face to face consultations (these are a chargeable option)


Your Obligations

You must provide us with accurate and complete information during the onboarding process. You must also use the App to:

  • Maintain up to date and complete contact and delivery details
  • Maintain payment card details with sufficient funds to cover the cost of your monthly prescriptions
  • Register and synchronise your scales within 1 week of delivery
  • Weigh yourself using the scales supplied within 1 week of delivery and at least weekly thereafter
  • Provide GP contact details because we inform your family doctor that you have joined the SemaPen Programme and are using GLP1 agonist medication and we enquire as to whether they have any professional concerns about you joining


You can cancel membership of the SemaPen Programme at any time, subject to our terms and conditions of sale, as set out below. Please ensure you read these terms and conditions in full, before you join the SemaPen Programme. Should you have any questions in respect of the terms and conditions, please contact us to discuss.

 

Terms and Conditions of Sale (UK):

These terms and conditions (referred to as the “Conditions“) apply to your use of the SemaPen services and purchase of products from SemaPen. The Conditions apply from when you create an account with us and join the SemaPen Programme (being the digital weight management programme, as explained further on our website https://semapen.co.uk). Please read the Conditions carefully as they form the legal contract between you and us. They shall apply to all sales made by SemaPen in the UK and shall prevail over any other terms and conditions (if any) that you may seek to apply.

If you have any questions about these Conditions or any aspect of the SemaPen Programme, please contact us by email at enquiries@semapen.co.uk.

In these Conditions, references to “we, us, our, SemaPen” mean Semapen LTD, company registration number 09607484 registered at 17D-F Telford Court, Chester CH1 6LT. References to “you, your, customer” means the person who places an order with us for our products and/or services and/or joins the SemaPen Programme.

 

  1. The Conditions
  2. These Conditions (as may be updated, by us, from time to time) apply to all orders placed by you to the exclusion of all other terms and conditions (including, without limitation, any terms and conditions which you purport to apply).
  3. These Conditions shall supersede any specific product terms that might apply to your order and in the event of any inconsistency with any other terms that might apply, these terms shall prevail.
  4. These Conditions replace any other earlier conditions and may be changed by us in writing at any time, including by uploading the amended conditions on our website, app or onboarding platform.
  5. We supply our products and services to customers within the United Kingdom (UK) If you reside outside of the UK, you must not place an order with us and we will not make any deliveries outside of the UK.
  6. Any samples, descriptive matter or advertising issued by us, and any descriptions of the products or illustrations contained in our brochures or on our website are issued or published for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract between you and us, nor have any contractual force.

 

  1. Basis of Contract
  2. To join the SemaPen Programme, you must complete the online consultation, available on our website. Provided that the results of the consultation deem you as suitable to join the SemaPen Programme, you must then provide your identification and create an online account (Account) using our website. Identification is taken to verify the identity of the person requesting to join the SemaPen Programme.
  3. Once you have provided your identification and created an Account, you must select your preferred subscription and provide valid, up to date bank / credit / debit card details to commence the subscription. The legal contract between you and us comes in to force at the time we email you your username and password.
  4. You confirm that you are at least 18 years old and are not aware of any reason why we cannot provide our products to you.
  5. You must set up an Account with us to be able to receive the products and obtain the benefit of our services. You confirm that you will only hold one Account and agree that we may suspend any duplicate accounts that you may hold.
  6. The Account can be accessed using the SemaPen app, which is a web-based application (App). The App will enable you to have access to a dashboard where you can review and amend details of your subscription to the SemaPen Programme.
  7. You must keep your access details to your Account secure and confidential. You are responsible for any use of your Account by anyone else.
  8. We may suspend access to or close your Account at any time and for any reason, including for non-payment, for breach of these Conditions, or for abuse of the SemaPen Programme or our staff.

 

Your Obligations


SemaPen is a business-to-consumer supplier of weight loss medications incorporated within a ‘wraparound’ support programme that can provide medical, dietetic and psychological advice. The content of the SemaPen Programme, its website and ordering portal has been created by healthcare professionals with extensive experience in the management of severe obesity. These features are intended for use by private individuals acting as consumers.

  1. It is an express condition of our acceptance of you onto the SemaPen Programme that you have provided us with accurate and complete information during the onboarding and self-triage process. You confirm that all information you provide to us is accurate, up-to-date, and complete to the best of your knowledge. This includes your medical history and any answers to questions we may ask you before and during any consultation. If you do not understand any question we ask you, please check with us to avoid providing an incorrect answer. You acknowledge that providing us with any incorrect information may negatively impact your health. You further understand and accept that any breach of this condition may result in you being removed from the SemaPen Programme without entitlement to any part or full refund, or appeal.
  2. We may contact you from time to time to verify that the information we have on file about you is up-to-date, accurate, and complete. You must respond to any such request within the time period specified. We reserve the right to suspend your Account and any deliveries of products if you fail to respond to such requests.
  3. You must not sell, donate or dispense weight loss medications we have supplied to you under any circumstances. You must only use the products for your own personal use, and not on behalf of anybody else, including friends, partners, or family members. You acknowledge that the recommendations we provide, and the prescription we issue, is tailored to your specific circumstances and may negatively impact the health of anyone else. We accept no responsibility whatsoever for the consequences of any breach of this condition by you or any third-party.
  4. You agree to only use medication or other products we supply to you for the express purpose for which they were intended and in the prescribed manner and we accept no responsibility whatsoever for the consequences clinical or otherwise of any breach of this condition on your part or the part of any third-party.
  5. You must provide us with your GP contact details so that we can inform your GP that you have joined the SemaPen Programme and enquire as to whether your GP has any concerns about you joining. This may be due to any undisclosed medical or psychological conditions. We are willing to allow a grace period and start you on the SemaPen Programme whilst waiting for the GP details to be provided, as we understand these are not always readily to hand during onboarding. However, if you subsequently fail to supply the GP details, you will be removed from our SemaPen Programme.
  6. As part of our SemaPen Programme, you will be supplied with a digital smart scale. This will be issued around the same time as your first product. You must (i) register the smart scales on the App, using the “Connect Scales” option. This must be done promptly after you receive the scales, to ensure you are able to participate in the SemaPen Programme; and (ii) weigh yourself at least once a week to continue to receive the products from us. We are willing to allow a grace period when you start the SemaPen Programme, but if you fail to register the scales and/or provide us with a baseline weight reading and weekly weigh-ins thereafter, you may be removed from the SemaPen Programme, without any liability on our part.
  7. Provided that you remain on the SemaPen Programme for at least 3 consecutive months, you will be entitled to keep the digital scales at no cost to you. However, if you suspend or discontinue your subscription to the SemaPen Programme within the first 3 months of joining, you must cover the costs of the digital scales in full (at the price we notify to you), together with a £30 fee to cover our costs such as postage, ID checks and administration (together, the Early Withdrawal Payment). We will take the Early Withdrawal Payment from the Credit or Debit card registered against your Account and you hereby consent for us to do so.
  8. If, within the first 3 months of you joining the SemaPen Programme, we suspend or cancel your Account for any of the reasons set out in these Terms (for example your failure to make payments on time, or your failure to provide GP details or to register the digital scales within the stipulated time period) this will also trigger collection of an Early Withdrawal Payment by us and you hereby consent for us to do so.
  9. You must not use the products and/or the SemaPen Programme for any unlawful purpose. We will not be liable for any costs, damages or losses arising from any use by you of products and/or SemaPen Programme in breach of applicable laws and these Conditions.

 

  1. Orders


Your prescription medication will be ordered by an authorised, qualified health professional and dispensed by a pharmacy chosen by us. Provided that you keep up with your monthly subscription payments, on their due dates, and you comply with these Conditions, we will automatically dispense your prescription each month. This will continue for the duration of your subscription to the SemaPen Programme.

  1. The onboarding process is designed to ensure appropriate triage, client education and informed consent and customers are asked to complete declarations confirming their understanding of the treatment risks and benefits. You must also verify that the information provided during onboarding is accurate. Until these steps have been completed along with an online ID verification check your prescription will not be processed.
  2. In completing the onboarding process and joining the SemaPen Programme, you agree to waive all and any rights to any compensation whether in contract or in tort be that financial or otherwise that might arise as a consequence of you being removed from the SemaPen Programme by us due to a breach of any of your obligations set out in these Conditions.
  3. If for any reason we are unable to dispense your prescription, for example due to limited supplies of weight loss medications, we will notify you.
  4. At our discretion we may pause the onboarding process depending on availability of medication. We can refuse to accept a request to join the SemaPen Programme for any reason and we will notify you if your request is rejected.
  5. When joining the SemaPen Programme, you will be asked to confirm the products you would like to subscribe to. You are responsible for accurately identifying the products you need and ensuring that your order for those products is complete and accurate. Our online subscription process allows you to check and amend any errors before submitting your request. Please check your request carefully before confirming it.
  6. You confirm that you have all necessary permissions and consents to pay for the products using the credit / debit card details registered against your Account.
  7. You can cancel your subscription to the SemaPen Programme at any time. If however, a prescription is in process, then your cancellation will only come into effect after that process has completed (so you must pay for that product in full). We require four business days’ notice to cancel your subscription to the SemaPen Programme. You may request to change the dosage of a product and/or amend the type of product you receive, by notifying us, using the dashboard on the App. Following receipt of such notice, will work with you to identify a suitable, alternative product/dosage.

 

  1. Delivery
  2. All products that you may choose to receive following our recommendations are dispensed by CloudRx – our chosen pharmacy. We will provide CloudRx with a valid prescription for the product and instruct them on your behalf to dispense and arrange delivery of the products you have selected as part of your subscription to the SemaPen Programme.
  3. Unless we say otherwise, the price quoted includes delivering the products to the delivery address registered against your Account. You are responsible for ensuring the accuracy of the delivery address details provided to us.
  4. Medication is delivered using a cold chain supply (this means the drug is kept at a cool temperature whilst in transit to you, designed to last for up to 36 hours after it is dispensed by CloudRx). If for any reason you are unable to accept the delivery or have provided us with inaccurate or ambiguous delivery information, there is a risk that the medication will become too warm. In this event it may have to be destroyed, even if returned to us. If the manufacturer’s packaging has been opened, this will also render the product unusable, even if returned to us. In these circumstances, or any other which in our sole opinion the medication or digital scales are not resaleable, you will not be entitled to any refund or compensation of any kind.
  5. Due to the nature of the products, you may be asked to sign to take receipt of the products. If you fail to take delivery of the products or fail to give us adequate delivery instructions at the time given for delivery, without affecting any of our rights and any action we may be entitled to take, we may: (i) charge you for the reasonable costs (including insurance) related to reissue of the prescription and redelivery of the products; and (ii) charge you for the products we attempted to deliver.
  6. If you fail to take delivery of the products you will not be entitled to a refund and we will not be responsible for any loss of goods due to you that results from an unsuccessful attempt at delivery, or mis-delivery to an incorrect address (save in circumstances where we or CloudRx have been negligent). We will liaise with CloudRx in an attempt to arrange re-delivery of goods that remain in CloudRx’s possession, or the possession of the courier, provided it is clinically safe to do so (see 4c above), but you will be liable to any additional charges we might incur as set out above. If you have any queries or disputes, including claims that your product was not delivered or was delivered to the wrong address, you must inform us immediately, and in any event within 1 day of when delivery should have taken place. It is important that you notify us immediately, so that we can liaise with CloudRx to investigate this matter for you and make enquiries with the courier as to how delivery was made. Our decision (as agreed with CloudRx) shall be final.
  7. If you wish to reschedule a delivery, please contact our Customer Service team via the App as soon as possible. We require a minimum of 4 business days’ notice prior to the scheduled delivery date to reschedule a delivery. If you fail to provide the notice required under this clause, we will be unable to reschedule your delivery and payment will be taken for the product from your registered Credit / Debit Card.
  8. As the products are delivered in monthly instalments, each delivery will form a separate contract and failure to deliver any one or more of the instalments in line with these Conditions will not render the whole subscription as terminated.
  9. We may take additional payments from you to cover any extra costs we incur in arranging or re-arranging delivery of the products to you. Examples include weekend deliveries and re-delivery charges.
  10. Any dates quoted for delivering the products are only approximate and we do not guarantee delivery on a particular date.
  11. A courier photograph of the delivered products, or a signature on a delivery note, drop sheet or electronic proof of delivery by any person present at the delivery address will be evidence that you have received delivery of the products in full.
  12. At any time, we can stop making deliveries and demand payment for any products we have already supplied to you, no matter what previous agreement or arrangements have been made.

 

  1. Price
  2. The price of the products will be the price as set out in our price list from time to time. We will send you an email 7 days before your next subscription payment is due. This email will confirm the amount that will be deducted from your Credit / Debit Card registered against your Account. Should you not wish to pay this amount, you must notify us immediately to suspend / terminate your subscription to the SemaPen Programme. Notification must be given at least four business days before the product is due to be dispatched to ensure no payment is taken.
  3. The price does not include any value added tax (VAT), government tax or duty which (if applicable) will be charged and payable in addition to the price at the time when payment for the products is due.
  4. The price list is subject to change at any time without notice to you. We reserve the right to increase or decrease the price of our products and services. Your monthly subscription fee shall be charged at the price appliable at the time the fee is charged against your Credit or Debit Card.
  5. We will be entitled to charge, and you will pay for, products you ordered in error from time to time where applicable.

 

  1. Payment
  2. We will collect payment for each prescription of weight loss medication we issue in your name using the nominated debit or credit card details you supplied when opening your Account during onboarding (or as updated by you from time to time through the App). This charge will include any applicable VAT, tax or duty. You confirm that the payment method being used belongs to you or is being used with appropriate authorisation from the owner.
  3. You must pay the price of the products and any other amount due to us (without deduction) before we supply medication to you and ensure we receive cleared funds into our bank account at least 5 days before your next delivery of medication is due. These payments will be automatically collected by us as a subscription to the SemaPen Programme using the preferred payment card details you supplied to us.
  4. It is a material term of this contract that you pay for the products on time. If you change or lose the Debit / Credit Card that’s registered against your Account, you must substitute details of an alternative payment card immediately using the My Account section of the App or your next order will be cancelled. The courier or our agents cannot accept payment directly or via telephone or BACS.
  5. All payments are subject to the approval of the issuer, and we will not be responsible if the payment fails verification or if the issuer refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may decline to accept or take any payment without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process your payment. Issues with your chosen payment method may result in delays to delivery of products.
  6. If you fail to make a payment by the due date, without affecting our other rights and remedies, we may: (i) cancel the contract or cancel your subscription to the SemaPen Programme and suspend any further deliveries of products; (ii) charge you for all and any costs and expenses incurred for the collection of any payments due (including but not limited to a charge of £25 on each event that any Debit or Credit Card presented fails to allow an automated payment to be taken for any reason). A £50 arrears charge will be issued on each transaction whereby the collection of any sum due to us is referred to a third-party collection agency or legal agents including solicitors); and (iii) charge you interest (both before and after any judgment) on the amount you have not paid. We will use an annual rate of 2% above National Westminster Bank’s base rate until you pay us in full. We will treat a part of a month as a full month for the purpose of working out interest.
  7. You are not entitled to withhold payment or use any amounts as a set off against any amount we may owe you.
  8. If you are liable to us, and as a result owe us money under these Conditions or otherwise, we may use any amount you owe us to pay off any amount that we may otherwise owe you.
  9. To prevent bank fraud, it is important to keep your account information secure and not to provide your bank details to unauthorised persons. We do not accept responsibility if you transfer funds to an incorrect account.
  10. A direct debit will be set up against the Credit / Debit Card registered against your Account, for collection of the monthly subscription fee.

 

  1. Risk and property
  2. You will not own any of the products in any circumstances until we have received cleared funds for all sums due to us in respect of: (i) the products; and
    (ii) all other sums which are, or which become due to us from you.
  3. The products (which include the medication and digital scales) shall be at your risk once delivery is made by the courier.

 

  1. Liability
  2. We will not be liable to you for any shortages in the supply by us of medications and scales used in the SemaPen Programme, short-dated stock, or any faults in the products, unless you give us notice of the fault within three (3) working days of delivery using the App.
  3. If you do not comply with the provisions of clause 9 (a) of these Conditions you shall be bound to accept and pay for products supplied by us and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall be wholly barred.
  4. We will not be liable in any circumstance for any faults in the products caused by abnormal storage conditions, deliberate damage, negligence, failure to follow instructions or misusing the products. We will also not be liable for claims for any products which you have marked in any way.
  5. It is your responsibility to check the products for quality defects or shortages promptly on receipt of your delivery.
  6. We are only liable to you for losses which you suffer as a direct result of our breach of these Conditions and which are reasonably foreseeable. Unless otherwise required by applicable law, our liability to you for any claim arising from the subject matter of these Conditions and the use of any products shall be limited to the amounts paid to us by you in the 6 months preceding the date of any claim.
  7. We will not be liable to you for any pure economic loss, consequential loss, loss of profit, loss of business, depletion or loss of good will (in each case whether indirect or direct) you suffer from our supplying any goods or how you use or resell them.
  8. Nothing in these Conditions excludes or in any way limits our liability for fraud, or for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited under English law.
  9. We will not be liable for circumstances beyond our control, including but not limited to trade disputes, poor weather, breakdowns or natural disasters.
  10. Our employees or agents are not authorised to make any claims about the products unless we confirm the claims in writing.
  11. We will not be liable for any advice or recommendation our employees or agents give you about storing or using the products unless we confirm this information in writing.

 

  1. Returns and stopping your subscription
  2. Faulty goods: You may return at any time a product that is faulty. For medication pens ‘faulty’ is defined as the (i) the liquid in the pen is cloudy and/or contains solid particles at the time of delivery; (ii) the pen’s delivery mechanism (usually a twisting action to pre-load the dosage) does not work. Pens thought to be faulty should be returned to SemaPen for inspection and if at our sole discretion we agree a fault is present, a replacement will be issued. Please note faulty scales should be returned directly to the manufacturer (Withings) and not to SemaPen. We advise you speak to one of our customer relations team before returning the scales so that we can talk you through the set-up process in case of user error. The customer relations team can be contacted via the interactive chat features on the dashboard.
  3. You can pause or stop receiving the products at any time by updating the details on your Account. If we are already in the process of completing the monthly payment cycle at the time when you update your details or close your Account, you will still be charged for that month’s subscription charge.
  4. If you close your Account, you will no longer be able to access any information held in it, and you will not be able to obtain any further consultations or products.
  5. If you close and then subsequently re-open your Account you will not be eligible for a new digital scale.
  6. We may request a new consultation with you at any time in order to ensure that we are providing you with the most appropriate advice and recommendations. If you do not participate in a new consultation when requested, we may suspend your Account and any deliveries of products.
  7. We may also suspend your Account and any deliveries of products if:
  • We cannot authorise any payment for any reason.
  • Your payment details or contact details are out of date or have expired.
  • You have failed to comply with these Conditions in any way.
  • The requested product(s) are unavailable or out of stock.
  • In our professional opinion, the recommended product(s) are no longer appropriate.
  • There has been a mistake on the pricing or the description of the products.

 

  1. Money-Back Guarantee


If you complete the 12-month SemaPen Programme and fail to lose at least 5% of your Starting Weight (as defined below), we will offer a full or partial refund of the money you have paid us (see paragraph h below). The terms of the refund deal are as follows:

  1. ‘Starting Weight’ is defined as your first recorded weight on our system after registering the Withings scales on your Account (subject to compliance with paragraphs b and c below).
  2. You must register your smart scales on the App within 1 week of delivery.
  3. You must weigh yourself using the smart scales provided within 1 week of receiving them.
  4. You must complete the full 12-month SemaPen Programme without any breaks in treatment, confirmed by your order history.
  5. You must provide a final weight recording via the App within 7 calendar days of the 12-month anniversary date of your registration on the App.
  6. You must demonstrate that you have engaged with the SemaPen Programme. This would include evidence that you have followed advice given by our support team and that you have submitted weight data to us from the smart scales via the App at least once a week throughout the 12-month SemaPen Programme.
  7. If you lose 5% body weight or more at any time during the 12-month SemaPen Programme you will not be eligible for a refund should you subsequently regain weight.
  8. In the event of a claim received at the end of the 12-month SemaPen Programme we will calculate the % of your Starting Weight lost and give a pro-rata refund of the total fees paid to SemaPen over the 12 months you were on our SemaPen Programme. This means that (compared with your Starting Weight) you have lost no weight 12 months later, you would be entitled to a 100% refund. If you had lost 2.5% of your Starting Weight after 12 months, you would receive a 50% refund. If you had only lost 1% it would be an 80% refund.
  9. To claim your refund you must notify us via the SemaPen App within 14 calendar days of the 12-month anniversary date of your registration on the App. Claims received after this date will not be eligible for the money back guarantee scheme and no refund will be due.
  10. In the event of any dispute regarding your compliance with the above terms and your eligibility for any refund (including the % refund given), provided that SemaPen have acted reasonably and in accordance with these Conditions we will determine whether your claim is genuine (based on amongst other things an analysis of your pattern of weight loss over the course of the SemaPen Programme) and you agree to accept our decision as final.

 

  1. Your personal information


The following definitions apply in this clause 12:

Personal Data: as defined in the Data Protection Legislation.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

  1. How we use any Personal Data you give us is set out in our Privacy Notice
  2. We will process your Personal Data in accordance with the terms of the Data Protection Legislation and our Privacy Notice.
  3. If you wish to amend or update your Personal Data, wish us to delete your Personal Data, or have any questions about how we process your or their Personal Data, please contact us via the App or see the contact us information provided in the Privacy Notice.

 

  1. General
  2. We will be entitled to transfer to any other person all or any of our rights or the benefit of those rights created by any contract between us and you to which these Conditions apply (or both).
  3. You will not be entitled to transfer to any other person or company all or any of your rights, or the benefit of those rights, created by any contract between us to which these Conditions apply.
  4. Any notice given under these Conditions must be in writing and addressed to:
    (i) you at the agreed delivery address or any other address you have told us about; or
    (ii) us at our registered office set out above. Please mark any notice for the attention of the Company Secretary.
  5. No waiver or retraction of a waiver by us under these Conditions will be valid or binding unless it is in writing and signed by us. Our failure to exercise any right under these Conditions, or to require your performance of any provision under these Conditions, or our waiver of any breach of these Conditions, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of these Conditions.
  6. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
  7. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
  8. These Conditions are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.


Last Updated: 25th March 2024



This Cookie Policy explains how Semapen.co.uk (“we”, “us”, or “our”) uses cookies and similar tracking technologies when you visit our website, semapen.co.uk (the “Website”).


  1. What Are Cookies?


Cookies are small text files that are stored on your device (computer, smartphone, tablet) when you visit a website. They are widely used to make websites work or to work more efficiently, as well as to provide reporting information and assist with personalized advertising.


  1. How We Use Cookies


We use cookies for a variety of purposes outlined below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.


  1. Types of Cookies We Use


Necessary Cookies (9): Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. These cookies are served by third-party providers.

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  • intercom-device-id-#, intercom-id-#, intercom-session-# (semapen.co.uk): Used for the integrity of the website’s chat function.


Statistics Cookies (3): Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. These cookies are served by third-party providers.

  • _tt_enable_cookie (co.uk): Used by TikTok for tracking the use of embedded services. Data is sent to Ireland.
  • vuid (vimeo.com): Collects data on the user’s visits to the website. Data is sent to the United Kingdom.
  • _ga, ga# (co.uk, semapen.co.uk): Used to send data to Google Analytics about the visitor’s device and behavior. Data is sent to the United States.


Marketing Cookies (34): Marketing cookies are used to track visitors across websites. These cookies are served by third-party providers.

  • #-# (youtube.com): Used for unknown purposes. Data is sent to the United States.
  • _fbp (co.uk, semapen.co.uk): Used by Facebook to deliver a series of advertisement products. Data is sent to France or the United Kingdom.
  • _ttp (semapen.co.uk, tiktok.com): Used by TikTok for tracking the use of embedded services. Data is sent to Ireland or the United States.
  • ads/ga-audiences (google.com): Used by Google AdWords to re-engage visitors. Data is sent to the United States.
  • iU5q-!O9@$ (youtube.com): Registers a unique ID to keep statistics of what videos from YouTube the user has seen. Data is sent to the United States.


Unclassified Cookies (1): Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. This cookie is served by a third-party provider.

  • ns_af (customerservice.withings.com): Used for unknown purposes. Data is sent to France.


  1. Consent

By using our website, you consent to the use of cookies as outlined in this Cookie Policy.


  1. Contact Us

If you have any questions about our Cookie Policy, please contact us at enquiries@semapen.co.uk.


  1. Updates to This Policy

We may update this Cookie Policy from time to time. We encourage you to review this page periodically for any changes. Any updates to the policy will be effective upon posting the revised policy on this page.

If you complete the 12-month SemaPen Programme and fail to lose at least 5% of your Starting Weight, we will offer a full or partial refund of the money you have paid us (see point 7 below).



Here are the terms of the refund deal:


  1. ‘Starting Weight’ is defined as your first recorded weight on our system after registering the Withings scales on your SemaPen account (subject to compliance with points 2 and 3 below).
  2. You must register your smart scales on the SemaPen app within 1 week of delivery.
  3. You must weigh yourself using the smart scales provided within 1 week of receiving them.
  4. You must complete the full 12-month SemaPen programme without any breaks in treatment, confirmed by your order history.
  5. You must provide a Final Weight recording via the SemaPen app within 7 calendar days of the 12-month anniversary date of your registration on the app.
  6. You must demonstrate that you have engaged with the programme. This would include evidence that you have followed advice given by our support team and that you have submitted weight data to us from the smart scales via the SemaPen app at least once a week throughout the 12-month programme.
  7. If you lose 5% body weight or more at any time during the 12-month SemaPen Programme you will not be eligible for a refund should you subsequently regain weight.
  8. In the event of a claim received at the end of the 12-month SemaPen Programme we will calculate the % of your Starting Weight lost, and give a pro-rata refund of the total fees paid to SemaPen over the 12 months you were on our programme. This means that (compared with your Starting Weight) you have lost no weight 12 months later, you would be entitled to a 100% refund. If you had lost 2.5% of your Starting Weight after 12 months, you would receive a 50% refund. If you had only lost 1% it would be an 80% refund.
  9. To claim your refund you must notify us via the SemaPen app within 14 calendar days of the 12-month anniversary date of your registration on the app. Claims received after this date will not be eligible for the Money Back Guarantee scheme and no refund will be due.
  10. In the event of any dispute regarding your compliance with the above terms and your eligibility for any refund (including the % refund given), provided that SemaPen have acted reasonably and in accordance with these terms and conditions we will determine whether your claim is genuine (based on amongst other things an analysis of your pattern of weight loss over the course of the programme) and you agree to accept our decision as final.

Introduction

This privacy policy sets out how Semapen LTD uses and protects your personal data.


  1. Important information and who we are


This privacy policy gives you information about how Semapen LTD collects and uses your personal data through your use of this website, and the SemaPen App, including any data you may provide when you register with us, sign up to our newsletter, join the SemaPen Programme or purchase a product or service from us.


This website is not intended for children, and we do not knowingly collect data relating to children.


Controller

Semapen LTD is the controller and responsible for your personal data (collectively referred to as “Semapen“, “we“, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the information set out in the contact details section below.


  1. The types of personal data we collect about you


Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:


  • Identity Data includes first name, last name, username or similar identifier, title, date of birth, gender.
  • Lifestyle or Health Data includes height, weight, ethnicity, medical and medication history, and GP contact details,
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plugin types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you interact with and use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.


We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals’ Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.


We work with Onfido Limited (Onfido), who carry out ID verification checks on our behalf. As part of the SemaPen Programme’s onboarding process, you will need to share a copy of your ID (such as passport / driving licence) with Onfido. The information you disclose to Onfido will also be made available to us.


  1. How is your personal data collected?


We use different methods to collect data from and about you including through:


  • Your interactions with us. You may give us your personal data by filling in online forms or by corresponding with us by post, phone (including WhatsApp), email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • join the SemaPen Programme;
  • have a consultation with us;
  • go through the triage process;
  • provide us with readings from using the digital scales we provide as part of the SemaPen Programme;
  • create an account on our website;
  • use the SemaPen App/dashboard;
  • use the chat facilities on the dashboard to correspond with us;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.


  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy https://semapen.co.uk/cookie-policy/ for further details.


  • Third parties or publicly available sources. In some circumstances we may receive personal data about you from your GP, where they notify us if, in their opinion, it would be inadvisable for you to join the SemaPen Programme.



  1. How we use your personal data


Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:


  • Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
  • Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  • Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
  • Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.


Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Use

To register you as a new customer

Type of data

(a) Identity

(b) Contact

(c) Lifestyle of Health Data

Legal basis

Performance of a contract with you. We require this information to assess your suitability to join the SemaPen Programme and to allow you to create an account with us, where you are deemed suitable for the SemaPen Programme.

Purpose/Use

To process and deliver your order including:


(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

Type of data

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

Legal basis

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)


We require this information to deliver your products and take payment for the products.

Purpose/Use

To manage our relationship with you which will include:


(a) Notifying you about changes to our terms or privacy policy

(b) Dealing with your requests, complaints and queries

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

Legal basis

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and manage our relationship with you).


Purpose/Use

To enable you to partake in a prize draw, competition or complete a survey

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

Legal basis

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

Purpose/Use

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data

(a) Identity

(b) Contact

(c) Technical

Legal basis

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

Purpose/Use

To deliver relevant website content and online advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Legal basis

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

Purpose/Use

To use data analytics to improve our website, products/services, customer relationships and experiences and to measure the effectiveness of our communications and marketing

Type of data

(a) Technical

(b) Usage

Legal basis

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

Purpose/Use

To send you relevant marketing communications and make personalised suggestions and recommendations to you about goods or services that may be of interest to you based on your Profile Data

Type of data

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Legal basis

Necessary for our legitimate interests (to carry out direct marketing, develop our products/services and grow our business) OR Consent, having obtained your prior consent to receiving direct marketing communications

To carry out market research through your voluntary participation in surveys

Necessary for our legitimate interests (to study how customers use our products/services and to help us improve and develop our products and services).

Direct marketing

During the registration process on our website when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us via email, SMS or other means.

We may also analyse your Identity, Health and Lifestyle Data, Contact, Technical, Usage and Profile Data to form a view which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.


Third-party marketing

We will never share your personal data with any third party, for their own direct marketing purposes, without first obtaining your express consent. Consent is not required where we share your personal data with pharmacies such as CloudRx for them to issue your product, or Withings, who ship the digital scales, as the sharing of personal data under these circumstances are necessary to perform the contract we have with you.


Opting out of marketing

You can ask us to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us using the intercom features available on the dashboard.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for example relating to order confirmations for, consultation / triage reminders, upcoming payment reminders, updates to our Terms and Conditions, checking that your contact details are correct.


Cookies

For more information about the cookies we use and how to change your cookie preferences, please see https://semapen.co.uk/cookie-policy/


  1. Disclosures of your personal data


We may share your personal data where necessary with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.


  • External Third Parties such as pharmaceutical providers who will issue your products, Withings who will dispatch your digital scales, Onfido for ID and verification checks and GPs, who will need to be notified of you joining the SemaPen Programme.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.


We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.


International transfers

We do not transfer your personal data outside the UK.

As mentioned above, we work with Onfido to undertake identification and verifications checks. If you join the SemaPen Programme or apply to join, then you will need to have an identification and verification check carried out. In such circumstances, Onfido will also be collecting and storing your personal data. Please read through the terms of Onfido’s privacy policy https://onfido.com/privacy/.


Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.



Data retention


How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.


To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.


We will keep information about you (including Contact, Identity, Financial and Transaction Data) for five years after you leave the SemaPen Programme.

Where you have provided your consent for us to do so, we will continue collecting and monitoring your weight data, using the digital scales, for a maximum period of 2 years, from when you leave the SemaPen Programme.


In some circumstances you can ask us to delete your data: see below for further information.


In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.


  1. Your legal rights


You have a number of rights under data protection laws in relation to your personal data.

You have the right to:


  • Request access to your personal data (commonly known as a “subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  • You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see the details above of how to object to receiving direct marketing communications).
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data (see the table in section 4 for details of when we rely on your consent as the legal basis for using your data). However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  • If you want us to establish the data’s accuracy;
  • Where our use of the data is unlawful but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.


If you wish to exercise any of the rights set out above, please contact us using the details set out in the ‘contact us’ section below.


No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.


What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.


Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


  1. Contact details


If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact our DPO in the following ways:


  • Email address: healtcare@nhs.net
  • Postal address: 31 Wellington Road, Nantwich, CW5 7ED
  1. Complaints


You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


  1. Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.


  1. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.