Terms and Conditions

LAST UPDATED: September 2022

Please read these Terms and Conditions (“Terms“, “Terms and Conditions“) carefully before using my wellness service, consisting of homeopathy, naturopathy, nutrition, kinesiology and related products (the “Service“) operated by Jan Davidson (“us“, “I”, “we”,”my”, or “our“) or ordering any products through my order service (the “Products”).

Your access to and use of the Service and any Products is conditional on your acceptance of and compliance with these Terms and my Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service or order Products. By accessing or using the Service, or ordering Products you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service or order Products.

The terms “agreed”, “consent”, “confirmed”, “accepted”, “informed”, “notified” or “notice” and documents or acts of similar meaning will be deemed to be required to be done in writing, where “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record. The terms “includes” or “including” will be construed without limitation to the generality of preceding words.

Please note that these Terms and my Privacy Policy may be amended without prior notification. These Terms apply to all users and clients (including casual browsers or third-party users) whether or not the registration process has been completed.

My Sole Trader registration number is C1150424. My Kinesiology Association number is 1603. My CNHC number is CNHC01484. The term ‘you‘ refers to the user, customer, viewer or client of any of the Service or purchaser or user of any Products (and the term ‘your ’shall be construed accordingly). All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of my assistance to you in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting your needs in respect of provision of the Service and/or the Products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

The use of the Service is subject to the following terms:

• • The content of the information resources shown in the Service is for your general information and use only. It is subject to change without notice.
  • Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Service for any particular purpose.
  • You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information, products or materials from the Service is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Service meet your specific requirements.
  • The Service contains material which is owned by or licensed to me. This material includes, but is not limited to; the design, layout, look, appearance and graphics, educational/ literary content and the formulation, recipe and process for the manufacture of any Products. Reproduction of any materials contained within the Service is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Reproduction of any Products is expressly prohibited.
  • Unauthorised use of the Service or any Products may give rise to a claim for damages and/or be a criminal offense.
  • From time to time the Service may also include links to other websites or services, or resources from other sources. These links and resources are provided for your convenience to provide further information. They do not signify that I endorse the website(s)/services. I have no responsibility for the content or quality of the linked website(s)/services.
  • Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of England and Wales.
  • The Service does not provide medical advice. All health and health-related information contained within the Service is intended to be general in nature and for informational and educational purposes only. It is not intended to be a substitute for professional health advice, diagnosis or treatment or a professional’s independent medical judgment.
  • By receiving information from me, you agree that you will only use the information or products provided by me in a manner consistent with any guidelines set out.

Privacy Statement

I am committed to protecting your privacy. Authorised third party contractors for the Service have access to relevant information on a need-to-know basis only and are subject to GDPR guidelines set out. I periodically review my systems and data to ensure the best possible Service to my customers.

Acceptance of Privacy Policy

Accepting these Terms also constitutes acceptance of the current version of my Privacy Policy, which will be provided to you with these Terms, as an intrinsic part of this agreement.

Availability

Unless otherwise stated, the Service is only available within the United Kingdom, or in relation to postings from the United Kingdom. Any marketing information is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness and/or suitability for any particular purpose of any downloads, Products, programs and text available through the Service. Redistribution or republication of any part of the Service or its content is prohibited, including such by i-framing, screen shooting or other similar or any other means. I do not warrant that the Service will be uninterrupted, timely or error free, although it is provided to my best ability. By using the service, you thereby indemnify me, my employees, agents, licensors and affiliates against any loss or damage, in whatever manner, howsoever caused.

Intellectual Property & Copyright

The entire contents of the Service, including without limitation text, graphics, photographs, images, moving images, sound, content, literary content, and illustrations, are the property of Jan Davidson (or her affiliates or licensors) and are protected by copyright, trademark, and other intellectual property laws (except that when applicable, copyright to cited materials is retained by the authors of the articles cited or the assigned rights holders, as stipulated by UK copyright law, or unless otherwise indicated on the subject material). The trademarks, service marks and logos (including the name “Jan Davidson”) used and displayed through the Service belong to me or others, as applicable. Nothing in the Service should be construed as granting—by implication, estoppel, or otherwise—any license or right to use any trademark displayed in the Service without my prior written consent. The Service contains copyrighted material. Subject to the exceptions expressly set out below, you may not use the Service in a manner that constitutes an infringement of my/my licensor’s rights or that has not expressly been authorised by me in writing. Your use of any Products purchased through or in accordance with your use of the Service is governed by these Terms.

You may not, and by accessing the Service you indicate your continuing agreement not to, modify, decompile, recompile, disassemble or reverse engineer any Products, and you agree to indemnify me/my licensors against any loss, expense or damage arising out of your failure to comply with this agreement. Further, you hereby agree that without prejudice to any other rights or remedies that I may have, damages alone would not be an adequate remedy for your breach of this condition, and that I/we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this condition. You agree to account to me/us for any and all profits made by you in breach of this condition.

Use of Material

You may display and view the Service content for your own individual use that is of a personal nature. You are not permitted to make any professional use of the Service or any Products.

Code of Conduct

You should not place any reliance on, nor will I be responsible or liable for, anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use any of the Service for any reason or purpose which is unlawful, defamatory, harmful or objectionable, and, in particular, you are not permitted to transmit anything that, in my opinion, harms my business or offends other users. You are not permitted to transmit to the Service or other people anything, which you do not have a clear right to use. You must ensure that you do not transmit to the Service any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything that may disrupt in any way the operation of the Service.

Warranty Limitations

All materials contained in the Service are provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The use of contents of the Service are at your own risk.
I do not warrant that the Service/Products or any of their functions will be accurate, uninterrupted or error-free, that defects will be corrected. I expressly disclaim all warranties of any kind, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third- party rights. To the extent that it is lawfully possible to do so, I make no warranty that (a) the Service/Products and/or any information will meet your requirements, (b) your access to and use of the Service/Products will be error-free, or (c) any errors or inaccuracies will be corrected. No advice or information, whether oral or written, obtained by you through or from the Service will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact me on jan@jandavidson.co.uk.

Limitations on Liability

Neither I nor anyone else involved in creating, producing, or delivering the materials contained in the Service (including my officers, directors, managers, licensors, members, shareholders, and agents) shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the User’s use of or inability to use the contents of the Service or any Products, even if I or any such persons noted above are advised beforehand of the possibility of such damages. To the extent that I am lawfully able to do so, I will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the Service or any Products; (b) the Service or any Products I provide (except where I expressly state that I have responsibilities or liabilities in these terms and conditions); (c) unauthorised access to or alterations of your transmissions or data; or (d) statements or conduct of any third parties. You agree that in no event will my liability arising out of or in respect of these Terms exceed UK £1,000 and that in no event will I be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. In particular, any liability for death or personal injury caused by your use of Products is disclaimed to the fullest extent permissible by law.

You explicitly acknowledge that certain features or functionality of the Service and Products may rely on the availability and correct functioning of third party service providers, as may be indicated by me, including supply of energy, data storage, connectivity and communication services. These are outside of my control, and I will have no responsibility or liability in this respect.

Indemnification

You agree to defend, indemnify and hold me and any individuals or entities affiliated with mw (including my officers, directors, members, licensors, managers, and employees) harmless from any and all liabilities, costs, and expenses, including all legal fees (on the full indemnity basis), related to or in connection with (i) your use of the Service or application of knowledge gained by it, (ii) your violation of any term of these Terms; (iii) your violation of any third party’s rights, including any right of privacy, publicity rights, or intellectual property rights; or (iv) any other circumstance in which I become involved in legal action arising from your involvement with or connection to me, electronically or in person.

You agree to indemnify me and hold me harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith on the full indemnity basis) resulting from your misuse of the Service or your breach of these Terms. I will notify you of any such claim, action or demand and will take reasonable steps to assist you, providing you meet my costs and expenses (including my legal fees, on the full indemnity basis) in advance.

Suspension and Termination

I may at my sole discretion suspend and/ or terminate our relationship or your use of the Products or the Service at any time and I shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, I would only do this where you have not used the Service or Products for some time or if I believe that you have acted inconsistently with these Terms. However, there may be other reasons why I would suspend and/ or terminate.

Governing Law

These Terms, together with the Privacy Policy and, in respect of any Products, my Terms and Conditions of Sale, together, constitute the entire agreement between you and I with respect to your use of the Service/Products and any interactions you have with me and my members, managers, officers, agents, or employees, electronically or in person.

You agree that any action at law or in equity arising out of or relating to these Terms or to me will be filed only in the courts of England and Wales, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or any other circumstance involving me, my members, managers, agents, or employees, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with me exclusively to final and binding arbitration in accordance with laws of England and Wales and, for this purpose, to submit to the Expedited Arbitration procedure at the London Chamber of Arbitration and Mediation (‘LCAM’). The location of any arbitration shall be in London and the language shall be English. You agree that any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. You agree that if any portion of these Terms or Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties ’intentions expressed therein. All other provisions of these Terms and Privacy Policy remain in full force and effect.

Notwithstanding this, I shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

Improperly Filed Claims

All claims you bring against me and my members and managers must be resolved in accordance with the Section on Governing Law of these Terms of Use (“Section”). All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, I may recover all legal fees and costs (on the full indemnity basis) involved in defending said filing.

Waiver

Any failure by me to exercise any rights or to enforce any of the terms of the Terms of Use or Privacy Policy shall not constitute a waiver of such rights or terms. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of that or any other provision, all of which will remain in full force and effect. In the event of such finding of invalidity or unenforceability, the Parties shall endeavor to substitute the invalid or unenforceable provision(s) by such effective provision(s) as will most closely correspond with the original intention of the provision(s) so voided. At reasonable notice, you shall assist me in verifying your compliance with the Agreement.

Additional Terms

You agree that your use of the Service will be in accordance with all requirements of your wireless carrier, internet service provider, or other method of internet or data access. I do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

All and any prior promises, agreements, representations, undertakings or implications whether made orally or in writing between myself and you are hereby superseded. You expressly acknowledge that no reliance has been placed on any representations which have not been incorporated as part of these Terms.

Right to Change Terms of Use

I reserve the right to change these Terms or impose new conditions on the use of the Services/Products at any time. I will make any changes to the Terms known on my website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Service and any Products after I notify you of any changes, you accept the modified Terms.