Terms of service

1      About my Terms

1.1   Thank you so much for visiting my website (the Site).These Terms explain how you may use this Site.
 
1.2   References in these Terms to the Site include all associated web pages, downloads, digital products, and online courses.

1.3   You should read these Terms carefully before using the Site. 

1.4   By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. 

1.5   If you do not agree with or accept any of these Terms, you should stop using the Site immediately. 

1.6   If you have any questions about the Site, please contact me by e-mail:  alex@alexbarneswellbeing.com

1.7   Definitions:

  • Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

  • Terms: means these terms and conditions of use as updated from time to time under clause 14;

  • Acceptable use policy: means the policy set out at the end of these Terms;

  • Cookie policy: means the policy, which governs how I use cookies in the Site;

  • I, me or my: means Alex Barnes trading as Alex Barnes Wellbeing of 16 Pitchpond Road, Warsash, Hampshire, SO31 9GP, UK; 

  • Online terms and conditions: means any terms and conditions which will apply to you ordering goods or services using the Site;

  • Privacy policy: means the policy, which governs how I process any personal data collected from you; 

  • Submission: means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

  • You or your: means the person accessing or using the Site or its Content.

1.8  Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy and my Online terms and conditions for the supply of goods or services, where applicable.


2
   Using the Site

2.1   The Site is for your personal use only. 

2.2   You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.

2.3    I seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact me at alex@alexbarneswellbeing.com.

2.4   I may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.


3      Ownership, use and intellectual property rights

3.1    This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.

3.2    Copyright © 2023, Alex Barnes Wellbeing. All rights reserved. Copyright registered with Copyright House.  No part of this website or digital products/courses hosted within or sold from this site (including support materials that are included with the digital product package) may be reproduced, stored in a retrieval system, stored in a database and/or published in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission by me, the copyright holder. 

3.3    Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. 


4
     Submitting information to the Site

4.1    While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me and therefore I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable. 

4.2    I may use any Submissions as I see reasonably fit on a free-of-charge basis.  I shall not be legally responsible to you or anybody else for any use of Submissions.


5
     Accuracy of information and availability of the Site

5.1    While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

5.2    I may suspend or terminate operation of the Site at any time as I see fit.

5.3    Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5.4    While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.

6
      Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
 
7  Online / digital products 
 
7.1    This website allows you to purchase an online-course or a digital download (Product) for a fee. 
 
7.2    We may, at Our sole discretion, engage third-party service providers from time to time to provide certain Services. 
 
7.3    Each such purchase is intended to be used only by one person for personal, non-commercial use. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. 
 
7.4    The Products we provide You with, for a fee paid through Our Website, constitute Our intellectual property and may not be exploited in any way prohibited by these Terms. 
 
7.5    Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website. 
 
7.6    We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: alex@alexbarneswellbeing.com with the subject line “Support”. 
 
7.7     We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side. 
 
7.8    We offer paid Product(s) for a fee. Unless otherwise stated, all fees are quoted in GBP. 
 
         7.8.1   You are responsible for paying all fees charged by Us, and applicable taxes, in a timely manner with a payment mechanism associated with, and accepted by, the applicable paid Product(s). 
 
        7.8.2    You authorise Us to charge Your credit card, debit card or bank account for the applicable product fee. 
 
        7.8.3    If you opt to purchase your product via the split payment method, you agree to abide by the payment terms and deadlines. 
 
       7.8.3    We reserve the right to disable access to any Product for which we have not received adequate payment within the stated timeframe. 
 
      7.8.5    By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies. You also understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. If You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third-party policies. 
 
7.9   The Company may terminate your access to all or any part of the Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately. 
 
7.10   You can stop using our Services at any time. You may delete your User Account by Website features or notifying Us at alex@alexbarneswellbeing.com. When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.

7.11     I make no guarantee that you will attain a particular result using the information presented in the Digital Products.  In purchasing one, you acknowledge that it is intended for a mass audience and not you or your business personally.

7.12    The content of all Digital Products is based on my experience, knowledge, and research under transformative fair use. I attempted my best to ensure the accuracy of the information; however, Digital Products may contain inaccuracies, typos, or other errors. I assume no responsibility for such errors and omissions. All Digital Products are for general interest informational use only and do not include legal or financial advice. 

8   No Refunds Policy

8.1   All sales of Digital Products are final. (Unless stated otherwise in the product description.) No refunds are allowed due to the immediate access and nature of digital products. 

8.2    Fees for Homeopathic consultations and Coaching sessions/programmes must be paid in advance, in adherence with the terms specified in the Client Agreement provided by me. 

8.3    Refunds for Homeopathic consultations and Coaching sessions/programmes are not permitted. If a booked session is missed, and 24 hours notice is not provided, you will be charged. If notice is provided, the session can be delivered at a future date that is agreeable to both parties.


Acceptable Use Policy

9    Acceptable use

9.1    As a condition of your use of the Site, you agree:

        9.1.1   not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms

        9.1.2   not to use the Site to commit any act of fraud;

        9.1.3   not to use the Site to distribute viruses or malware or other similar harmful software code;

        9.1.4   not to use the Site for purposes of promoting unsolicited advertising or sending spam;

        9.1.5   not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

        9.1.6   not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;

        9.1.7    not to use the Site in any manner that harms minors;

        9.1.8    not to promote any unlawful activity;

        9.1.9    not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;

        9.1.10   not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and

         9.1.11   not to attempt to circumvent password or user authentication methods.


10     Interactive services

10.1   I may make interactive services available on the Site, for example areas where you can comment on Content.

10.2  I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate Submissions I shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

10.3   I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.

10.4   Any Submission you make must comply with my Submission standards set out below.


11      Submission standards

11.1   Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

        11.1.1   your own original work and lawfully submitted;

        11.1.2  factually accurate or your own genuinely held belief;

        11.1.3  provided with the necessary consent of any third party;

        11.1.4  not defamatory or likely to give rise to an allegation of defamation;

        11.1.5  not offensive, obscene, sexually explicit, discriminatory or deceptive; and

        11.1.6  unlikely to cause offence, embarrassment or annoyance to others.


12
   Linking and framing

12.1   You may create a link to my Site from another website without my prior written consent provided no such link:

          12.1.1    creates a frame or any other browser or border environment around the content of my Site;

          12.1.2   implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;

          12.1.3   displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or

          12.1.4   is placed on a website that itself does not meet the acceptable use requirements of this Policy.

12.2   I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.


13     Using my name and logo

13.1   You may not use my trademarks, logos or trade names except in accordance with these Terms.


14    Breach

14.1   I shall apply these Terms in my absolute discretion. In the event of your breach of the Terms I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action I consider necessary to remedy the breach.


15      Limitation on my liability

15.1   Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

          15.1.1   losses that:

          (a) were not foreseeable to you and me when these Terms were formed; or
          (b) that were not caused by any breach on my part

          15.1.2   business losses.


16     Variation

16.1    No changes to these Terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.


17
     Disputes

17.1   I shall try to resolve any disputes with you quickly and efficiently.

17.2  If you are unhappy with me please contact me as soon as possible to let me know.

17.3  If you want to take court proceedings, courts of England and Wales will have exclusive jurisdiction in relation to these Terms.

17.4  The laws of England and Wales will apply to these Terms.


 
If you have any questions about these Terms of Service, please send an email to alex@alexbarneswellbeing.com.