Terms & Conditions
WELCOME TO THE HEALTH HEROINE NUTRITION CLINIC TERMS AND CONDITIONS. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE HEALTH HEROINE NUTRITION CLINIC WEBSITE, CONSULTATIONS OR PACKAGES.
The https://www.thehealthheroinenutritionclinic.com website is operated by: The Health Heroine Ltd. Our contact details are as follows:
Trading address: | The Health Heroine Ltd, 39 Elmfield Gardens, Newcastle Upon Tyne NE3 4XB UK |
General email: | info@thehealthheroine.com |
Telephone number: | 07879 628487 |
1.0 |
THE WEBSITE |
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You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website. | |||||||||||||||
1.1 |
COPYRIGHT INFRINGEMENT |
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1.1.1 | In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email to info@thehealthheroine.com or by letter to: The Health Heroine Nutrition Clinic, 39 Elmfield Gardens, Newcastle Upon Tyne NE3 4XB | ||||||||||||||
1.2 |
LICENCE |
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1.2.1 | You are permitted to print and download extracts from this Website for your own use on the following basis: | ||||||||||||||
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1.2.2 | Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 1.2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. | ||||||||||||||
1.2.3 | Subject to clause 1.2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. | ||||||||||||||
1.2.4 | Any rights not expressly granted in these terms are reserved. | ||||||||||||||
1.3 |
COPYRIGHT INFRINGEMENT – Digital Millennium Copyright Act |
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1.3.1 | If operating in America: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): | ||||||||||||||
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1.3.2 | If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: The Health Heroine Nutrition Clinic, 4 Lansdowne Terrace, Newcastle upon Tyne, Tyne and Wear, NE3 1HN. | ||||||||||||||
1.3.3 | We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. | ||||||||||||||
1.3.4 | Any rights not expressly granted in these terms are reserved. | ||||||||||||||
1.4 |
VISITOR MATERIAL AND CONDUCT |
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1.4.1 | Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material, we and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. | ||||||||||||||
1.4.2 | You are prohibited from posting or transmitting to or from this Website any material: | ||||||||||||||
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1.4.3 | You may not misuse the Website (including, without limitation, by hacking). | ||||||||||||||
1.4.4 | We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 1.4.2 and 1.4.3. | ||||||||||||||
1.5 |
SERVICE ACCESS |
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1.5.1 | Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. | ||||||||||||||
1.5.2 | Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. | ||||||||||||||
1.6 |
NEWSLETTERS |
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1.6.1 | The Health Heroine Nutrition Clinic regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. The User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at info@www.thehealthheroinenutritionclinic.com or following the unsubscribe link contained in each of the emails. | ||||||||||||||
1.7 |
LINKS TO AND FROM OTHER WEBSITES |
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1.7.1 | Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. | ||||||||||||||
1.7.2 | If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: | ||||||||||||||
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1.7.3 | You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 1.7.2. | ||||||||||||||
1.8 |
REGISTRATION |
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1.8.1 | To register with https://www.thehealthheroinenutritionclinic.com you must be over eighteen years of age. | ||||||||||||||
1.8.2 | Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. | ||||||||||||||
1.8.3 | Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. | ||||||||||||||
1.8.4 | We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. | ||||||||||||||
2.0 |
ORDERING FROM US |
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All orders are made via our online checkout process. We will send you an order acknowledgement, detailing the products you have ordered. | |||||||||||||||
2.0.1 | We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all service pricing without notice. | ||||||||||||||
2.0.2 | Service images and screenshots are for illustrative purposes only and may differ from the actual service. | ||||||||||||||
2.0.3 | We have taken care to describe and show services as accurately as possible. Despite this, slight variations in services may occur. | ||||||||||||||
2.0.4 | Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set. | ||||||||||||||
2.0.5 | Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made unless we have notified you that we do not accept your order or you have cancelled your order. | ||||||||||||||
2.0.6 | We may refuse to accept an order: | ||||||||||||||
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2.0.7 | The Health Heroine Ltd is NOT registered for VAT. | ||||||||||||||
2.0.8 | If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team on: info@www.thehealthheroinenutritionclinic.com. | ||||||||||||||
2.1 |
COMPENSATION/PAYMENT |
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2.1.1 | The Client agrees to compensate The Health Heroine Nutrition Clinic according to the payment schedule set forth on The Health Heroine Nutrition Clinic’s website and the payment plan selected by the Client (the “Fee”). The Health Heroine Nutrition Clinic is owned by the Health Heroine Ltd and all payments are to be made to the Health Heroine Ltd. | ||||||||||||||
2.1.2 | To the extent that you provide The Health Heroine Ltd with credit-card(s) information for payment, The Health Heroine Ltd shall be authorised to charge your credit card(s) for any payments that are in arrears. Your credit card must not be altered or cancelled without notifying The Health Heroine Ltd prior written consent. | ||||||||||||||
2.1.3 | If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process. | ||||||||||||||
This does not affect your statutory rights. | |||||||||||||||
2.1.4 | The Health Heroine Ltd accepts all major debit and credit cards. If you prefer you may pay by bank transfer (please ask for my banking details). Consultation packages must be purchased in advance of setting a consultation date(s). | ||||||||||||||
2.2 |
CANCELLATIONS AND RETURNS |
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2.2.1 | Your right of cancellation under the Distance Selling Regulations– FOR CONSUMERS ONLY. This section applies to consumers only (and not to businesses or other organisations) who order services. | ||||||||||||||
2.3 |
CHARGEBACKS AND PAYMENT SECURITY |
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2.3.1 | To the extent that the Client provides The Health Heroine Ltd with credit-card(s) information for payment on the Client’s account, The Health Heroine Ltd shall be authorised to charge the Client’s credit card(s) for any unpaid charges. The Client shall not make any chargebacks to The Health Heroine Ltd account, change or cancel the credit card that is provided as security without The Health Heroine Ltd prior written consent. The Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. | ||||||||||||||
2.4 |
TERMINATION |
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2.4.1 | In the event that the Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. The Health Heroine Ltd shall be allowed to immediately collect all sums from the Client and terminate providing further services to the Client. In the event that the Client is in arrears of payments to The Health Heroine Ltd , the Client shall be barred from using any of The Health Heroine Ltd services. | ||||||||||||||
3.0 |
CONSULTATIONS & RECOMMENDED PRODUCTS |
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3.1 |
CONSULTATIONS |
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3.1.1 | Clients must be over the age of eighteen to attend any consultations. | ||||||||||||||
3.1.2 | If you are accepted onto a consultation package by Aileen Smith, full payment must be received in advance of the service. You have the right to cancel the contract with The Health Heroine Nutrition Clinic at any time up to 7 days prior to you consultation appointment to qualify for a full refund. | ||||||||||||||
3.1.3 | To cancel your contract in this timeframe you must notify us in writing, either by post or by email at info@www.thehealthheroinenutritionclinic.com. | ||||||||||||||
3.1.4 | No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have started to use our service, unless the service is defective and you are cancelling it for this reason. | ||||||||||||||
3.1.5 | If we accept your right to cancel, you will be credited within 30 days of notifying The Health Heroine Ltd of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required. | ||||||||||||||
3.1.6 | If you wish to cancel an appointment, 48 hours’ notice must be given, otherwise 50% of the fee is payable. | ||||||||||||||
3.1.7 | If you start a consultation package and decide not to continue with follow-up consultations no refund is applicable. | ||||||||||||||
3.1.8 | Ideally package consultations are scheduled over a 4-8 week period, however if this is not possible I ask that you use schedule all of your consultations within a six-month period i.e. package only available within six months of purchase date. | ||||||||||||||
3.2 |
CONSULTATION RULES & TERMS |
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3.2.1 | The Health Heroine Nutrition Clinic recommends that you always consult a medical practitioner before following any nutritional therapy treatment if you have; any symptoms of illness have any diagnosed ailment, receiving conventional medication or any treatment for an existing condition. Do not stop conventional treatment or medication for any reason without consulting a doctor. Always inform both your doctor and your Nutritional Therapist of any treatment, medication or remedies, both conventional or unconventional that you are taking or are intending to take. Do not delay in seeking medical advice as a result of any information obtained from this website which should not be regarded as an alternative to medical advice concerning particular medical conditions or treatments. | ||||||||||||||
3.2.2 | To the extent that the Client interacts with The Health Heroine Nutrition Clinic staff and/or their Clients, the Client agrees to at all times behave professionally, courteously, and respectfully with staff and the Clients. The Client agrees to abide by any Programme/Package Rules/Regulations presented by The Health Heroine Nutrition Clinic. The failure to abide by Programme/Package rules shall be cause for termination of this Agreement. In the event of such termination, the Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee. | ||||||||||||||
3.3 |
PRODUCTS, SUPPLEMENTS AND TESTS |
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3.3.1 | If you wish to cancel your order: | ||||||||||||||
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3.3.2 | Upon receipt of the products we will give you a full refund of the amount paid for the product itself or an exchange credit as required. | ||||||||||||||
3.3.3 | The rights to return the products to us will not apply in the following circumstances: - in the event that the product has been used in the case of software, audio or visual products, where the packaging has been unsealed. | ||||||||||||||
3.3.4 | Manufacturer’s recommended cautions and contraindications for use are listed where possible on all products/supplements, but we accept no responsibility if failure to mention the possible interaction between any product sold by us and other medications or supplements. If no contraindication relating to other medications is highlighted it cannot be assumed that it is safe to combine medications and supplements and you should seek professional advice before combining. | ||||||||||||||
3.3.5 | During your time of treatment, if you feel you have any adverse reactions to any of the products or supplements recommended, immediately stop the medication and notify the Nutritional Therapist. | ||||||||||||||
3.3.6 | If you purchase supplements or tests directly from a supplier, the suppliers Terms & Conditions will apply. | ||||||||||||||
3.3.7 | Full payment of all supplements and tests ordered through The Health Heroine Nutrition Clinic must be made prior to ordering. | ||||||||||||||
3.3.8 | The Health Heroine Nutrition Clinic has commercial agreements with some suppliers of supplements and tests and earns commission on these products. | ||||||||||||||
3.4 |
TEST TIME FRAMES |
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3.4.1 | Many of the tests have a use by date on them and all tests must be completed and sent back to the laboratory before the use before date. It is your responsibility to make sure you use the test within this time frame. | ||||||||||||||
3.4.2 | All tests must be completed within 6 months of ordering the test. It is your responsibility to make sure you use the test within this time frame. | ||||||||||||||
3.4.3 | In regard to 3.41. & 3.4.2 whichever is the soonest will preside over the other. e.g if the use by date is 3 months then this takes priority over the 6 months or if the use by date is 9 months the 6 month clause takes priority. | ||||||||||||||
3.5 |
CONFIDENTIALITY |
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3.5.1 | The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Health Heroine Nutrition Clinic agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with the Client, during discussion with the Client, the consultation session with The Health Heroine Nutrition Clinic, or otherwise, without the written consent of The Client. The Health Heroine Nutrition Clinic shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. | ||||||||||||||
3.6 |
DISCLAIMER (WEBSITE) |
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3.6.1 | While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. | ||||||||||||||
3.6.2 | The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. | ||||||||||||||
3.7 |
DISCLAIMER OF GUARANTEE (SERVICES AND PRODUCTS) |
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3.7.1 | The Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the consultations. The Client accepts and agrees that she/he is the one vital element to the consultation’s success and that The Health Heroine Nutrition Clinic cannot control the Client. The Health Heroine Nutrition Clinic makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Health Heroine Nutrition Clinic and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. The Health Heroine Nutrition Clinic makes no guarantee or warranty that the consultations will meet the Client’s requirements or that all the Clients will achieve the same results. | ||||||||||||||
3.8 |
NO SUBSTITUTE FOR MEDICAL TREATMENT |
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3.8.1 | The Client agrees to be mindful of his/her own wellbeing during the consultations and seek medical treatment, if needed. The Health Heroine Nutrition Clinic is not responsible for any decisions made by the Client as a result of the Nutritional Therapy and any consequences thereof. | ||||||||||||||
3.9 |
INTELLECTUAL PROPERTY |
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3.9.1 | The Health Heroine Nutrition Clinic’s copyrighted and original materials shall be provided to your use only. You are not authorised to use any of The Health Heroine Nutrition Clinic’s intellectual property for your business purposes and you are not authorised to share, copy, distribute or otherwise disseminate any of the material received. All intellectual property, including The Health Heroine Nutrition Clinic’s copyrighted consultation materials, shall remain the sole property of The Health Heroine Nutrition Clinic. No license to sell or distribute The Health Heroine Nutrition Clinic’s materials is granted or implied. | ||||||||||||||
3.10 |
NO RESALE OF SERVICES PERMITTED |
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3.10.1 | The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the consultation, including the consultation materials. This agreement is not transferrable or assignable without The Health Heroine Nutrition Clinic’s prior written consent. | ||||||||||||||
3.11 |
LIABILITY |
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3.11.1 | We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. | ||||||||||||||
3.11.2 | Nothing in these terms and conditions shall exclude or limit our liability for: | ||||||||||||||
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3.11.3 | If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. | ||||||||||||||
3.11.4 | You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details. | ||||||||||||||
3.11.5 | Limitation of Liability – We shall have no liability to you unless you notify us in writing at our contact address of any problem within 10 working days of the delivery of the services in question. | ||||||||||||||
3.11.6 | Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services. | ||||||||||||||
3.11.7 | The Health Heroine Nutrition Clinic will not be liable to you for any loss or damage in circumstances where: | ||||||||||||||
3.11.8 | There is no breach of a legal duty owed to you by the Supplier or by its employees or agents; | ||||||||||||||
3.11.9 | Such loss or damage is not a reasonably foreseeable result of any such breach; | ||||||||||||||
3.11.10 | Any increase in loss or damage resulting from breach by you of any term of this contract. | ||||||||||||||
3.11.11 | Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. | ||||||||||||||
3.12 |
GOVERNING LAW AND JURISDICTION |
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3.12.1 | These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. | ||||||||||||||
3.12.2 | We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. | ||||||||||||||
3.13 |
SUCCESS OF YOUR BUSINESS OR EARNINGS |
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3.13.1 | What User derives from use of The Health Heroine Nutrition Clinic products/services/information depends upon User’s commitment to, and effort in, applying the information? The Health Heroine Nutrition Clinic does not represent, warrant or guarantee that User will achieve any particular results in business as a result of purchasing and using The Health Heroine Nutrition Clinic products/services/information. User acknowledges that the success of User’s business depends on User’s skills, effort and commitment. PLEASE SEE OUR EARNINGS AND TESTIMONIAL DISCLAIMER ELSEWHERE ON THIS WEB SITE. | ||||||||||||||
3.14 |
NON-DISPARAGEMENT |
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3.14.1 | In the event that a dispute arises between the Parties or a grievance by the Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. | ||||||||||||||
3.15 |
INDEMNIFICATION |
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3.15.1 | The Client shall defend, indemnify, and hold harmless The Health Heroine Nutrition Clinic, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by The Health Heroine Nutrition Clinic, or any of its shareholders, trustees, affiliates or successors. The Client shall defend The Health Heroine Nutrition Clinic in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Health Heroine Nutrition Clinic recognizes and agrees that all of The Health Heroine Nutrition Clinic’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of The Health Heroine Nutrition Clinic. | ||||||||||||||
3.16 |
CONTROLLING AGREEMENT |
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3.16.1 | In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by The Health Heroine Nutrition Clinic or their employees, the provisions in this Agreement shall be controlling. | ||||||||||||||
3.17 |
ENTIRE AGREEMENT |
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3.17.1 | This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties. | ||||||||||||||
3.18 |
SURVIVABILITY |
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3.18.1 | The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason. | ||||||||||||||
3.19 |
SEVERABILITY |
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3.19.1 | If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof. | ||||||||||||||
3.20 |
OTHER TERMS |
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3.20.1 | Upon execution of this agreement, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy. | ||||||||||||||
3.21 |
MISCELLANEOUS |
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3.21.1 | You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. | ||||||||||||||
3.21.2 | If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect. | ||||||||||||||
3.21.3 | Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties). |