9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS
9.1 Subject to Clause 9.3, you have the following rights regarding (i) cancellation of the Services (including where you choose to cancel because the Services are affected by an Event Outside Our Control or if the Company change these Terms under clause 3.1 to your disadvantage); and (ii) refunds, where you have made a payment for a:
(a) monthly subscription you may cancel the Services and you shall:
(i) be entitled to a refund of your subscription, in whole or in part if you choose to cancel the Services because the Company has changes the Terms to your disadvantage or the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to in writing;
(ii) not be entitled to a refund of your subscription, in whole or in part where you choose to cancel because the Services are affected by an Event Outside Our Control
(b) non-subscription Service that you request from time to time (including, without limitation, fees for consultations with Specialists), you may cancel such requests by providing reasonable (and, in any case, greater than 24 hours) notice to the Company but you acknowledge and accept that the Company may begin to procure, resource, prepare, organise and/or undertake provision of a Service as soon as you request the Service and, accordingly, any costs the Company has reasonably incurred in procuring, resourcing, preparing, organising or undertaking the relevant Service shall be deducted from any refund that is due to you, and such deduction shall be a minimum of £10 in respect of Services provided in the United Kingdom and €14 in respect of Services provided in the Republic of Ireland. You shall not be entitled to any refund for any Services that cannot be fulfilled due to your own absence (including, without limitation, for a scheduled consultation), insufficient or variable network connectivity, negligence or other relevant error.
9.2 Once the Company has begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving the Company written notice if:
(a) the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to in writing;
(b) the Company goes into liquidation or a receiver or an administrator is appointed over its assets;
(c) the Company changes these Terms under clause 3.1 to your disadvantage;
(d) the Company is affected by an Event Outside Our Control in the circumstances set out in clause 8.4.
9.3 No refund shall be due because of any unavailability of any particular Practitioner where the App is functioning and an alternative Practitioner is available, or, for the avoidance of doubt, in the event of the unavailability of any feature or function of the App that is available to Users free of charge. Nor shall any refund be due because of any temporary interruption in service. You accept by using the App that Practitioners may vary in their opinions and provided any opinion and/or advice and/or recommendation and/or prescription is given in good faith by a relevant Practitioner, no refund shall be due in respect of Services provided.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
9.4 Under the Distance Selling Regulations, you can also cancel a contract within 14 days without giving any reason. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from the Company or third party supplier stating that the order is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your cancellation period will expire after 14 days from the day of the conclusion of the contract.
9.5 You acknowledge that you cannot cancel an order for the supply of digital content or Services which have been fully performed, where we started delivery of the digital content or performance of the Services upon your request.
9.6 To cancel your order under clause 10 You must inform us (Babylon Healthcare Service Ltd, Floor 2, 6 Salem Road, London W2 4BU, England, email email@example.com) of your decision to cancel this contract by an unequivocal statement (e.g. e-mail or letter). You may use the cancellation form below but it is not obligatory. To meet the cancellation deadline, you must send your communication of cancellation before the 14 day period has expired.
9.7 If you cancel this contract under clause 10, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.