(Effective Date: February 2021)
1.0 General Terms
The shirleywellness.com website (the “Site”) is owned and operated by Shirley Wellness. (Kemp House, 152-160 City Road,, London, EC1V 2NX, United Kingdom) d/b/a “shirleywellness.com” (“Shirley Wellness”, “we”, “us”, or “our”). By using the Site, you agree to be bound by the terms and conditions set forth herein (these “Terms of Service”) and to use the Site in accordance with these Terms of Service, our Privacy Policy (which is posted on the Site at shirleywellness.com/privacy-policy), and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Shirley Wellness. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service and/or to impose new conditions on use of the Site, at any time in our discretion, in which case we will post the revised Terms of Service on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.
2.0 Intellectual Property Rights
2.1 Our Limited License to You
The Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
2.2 Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that Shirley Wellness has the right but not the obligation to use and display any postings or contributions of any kind and that Shirley Wellness may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
2.3 Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
3.0 Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that Shirley Wellness shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
4.0 Interactive Features
The Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site.
It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
- Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Shirley Wellness may host message boards, chats, and other public forums on its Sites. Any user failing to comply with these Terms of Service may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Shirley Wellness or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Shirley Wellness staff, Shirley Wellness’s outside contributors, or by users not connected with Shirley Wellness, some of whom may employ anonymous user names. Shirley Wellness expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Shirley Wellness or any of its subsidiaries or affiliates.
Shirley Wellness has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
5.0 Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
6.0 Disclaimers
6.1 General
The Site contains and makes available information in various forms (including, but not limited to, information contained in or made available through web pages, videos, newsletters, message boards, comments, coaching calls, emails, text files, and/or chats). No promises or assurances are given as to any of this information (Content), whether provided directly by Shirley Wellness or provided by third parties.
6.2 Results
When addressing financial matters or other results on our Site or otherwise in the Content, we’ve attempted to ensure that we accurately represent our programs and their ability to help you lose weight and improve your life. However, there is no guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations. Nothing on our Site or in any of the Content is a promise or guarantee of weight loss. Your level of success in attaining similar results is dependent upon a number of factors, including your willingness to adhere to the program, consistency to follow through, desire for success, dedication and habit change, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, weight loss, or ability to lose weight following our site/program. You alone are responsible for your actions and results in life. Any forward-looking statements on our Site or otherwise in any of the Content are simply our opinion and thus are not guarantees or promises of actual outcomes or performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Site or in the Content.
We offer no professional legal, medical, psychological, or health advice. Our Site and the Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Site or any of the Content, you agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance.
6.3 Third Parties
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Shirley Wellness. Neither Shirley Wellness nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Shirley Wellness neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized Shirley Wellness representative while acting in his/her official capacity.
6.4 Information, Products, and Services Provided “AS IS”
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE, WHETHER BY SHIRLEY WELLNESS OR BY ANY THIRD-PARTY, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED ON OR THROUGH THE SITE.
6.5 Indemnification
You agree at all times to defend, indemnify, and hold harmless Shirley Wellness, its affiliates, successors, transferees, assignees, and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, owners, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of your use of the Site or any of the Content.
7.0 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF LOSSES OR DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATED COMPANIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION’S LAW.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND SHIRLEY WELLNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
8.0 Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
9.0 Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any right to a refund. Each specific product, service, event, or course will specify its own refund policy.
10.0 Other
The EU Copyright Directive provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the EU copyright law. If you believe in good faith that materials hosted by Shirley Wellness infringe your copyright, you or your agent may send Shirley Wellness a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on such owner’s behalf that fails to comply with requirements of the EU Copyright Directive shall not be considered sufficient notice and shall not be deemed to confer upon Shirley Wellness actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the EU Copyright Directive permits you to send to Shirley Wellness a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the EU Copyright Directive. Shirley Wellness’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info AT shirleywellness.com.
These Terms of Service are binding upon and for the benefit of Shirley Wellness and you and Shirley Wellness’s and your respective assigns, successors, heirs, and legal representatives. Neither these Terms of Service nor any rights hereunder may be assigned by you without the prior written consent of Shirley Wellness. Notwithstanding the foregoing, all rights and obligations under these Terms of Service may be freely assigned by Shirley Wellness.
These Terms of Service shall be governed by and construed in accordance with the laws of The United Kingdom and any dispute shall be subject to binding arbitration in The United Kingdom.
If any provision of this agreement shall be unlawful or otherwise unenforceable as to any person or circumstance for any reason, then such provision shall be curtailed and limited to the minimum extent necessary so that it is lawful and enforceable as so curtailed and limited (or, if such provision is not capable of being curtailed or limited, it shall be severed from these Terms of Service). The foregoing shall not affect the application of any such provision to any other person or circumstance nor the validity or enforceability of any other provision in these Terms of Service.