Website Terms Of Use

Last Updated: 21.03.2024

Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.wellbeingumbrella.co.uk (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. By using Our Site you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must stop using Our Site immediately..

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Site”	means Our platform for Site Users and Store Users on Our Site;
“Our Site”	means this website, www.wellbeingumbrella.co.uk;
“Store User(s)”	means a User who displays Listings on Our Site;
“Site User(s)”	means a User that accesses Our Site;
“Third Party Advertising”	means advertising displayed on Our Site, provided by third parties;
“Third Party Advertiser”	means a party responsible for Third Party Advertising displayed on Our Site;
“User”	means a user of Our Site;
“User Content”	means any Content added to Our Site by a User;
“We/Us/Our”	means Wellbeing Umbrella whose main business address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.

2. Information About Us

Our Site is owned and operated by Alexis Dowd and Ursula Wood hereby referred to as Wellbeing Umbrella whose main business address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.

3. Our Site and Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 Our Site is provided solely as an online Listing platform for Site Users and Store Users. We are not a party to any transactions or other relationships between Site Users and Store Users. You hereby acknowledge and agree that:

3.3 You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Store User in question, and your contract is with that Store User;

3.4 We will not be a party to any dispute between you and any Store User or another Site User. Any claims must be made directly against the party concerned;

3.5 Store Users details and information on our Site is provided by them and published for Users/Site Users, and does not mean that We endorse or accredit their store, or any information, profession, therapy, treatment or solution a Store User may list;

3.6 The Wellbeing Umbrella site is NOT intended as a website for verifying the credential, qualifications, abilities or expertise of any Store User listed and is not responsible for any Store User registered on Our Site;

3.7 We do not pre-screen any items that Store Users advertise on Listings on Our Site. We are not, therefore, in any way endorsing the qualification or professionalism of Store Users or responsible for any items sold or for the content of any Listings;

3.8 As a Site User you are responsible for checking with individual Store Users their credentials before relying on information or agreeing to purchase from them. Please note, insurance cover and professional body/association membership generally expires on annual basis, so it is crucial that all individual Store User’s details are checked by you (Site User/User) to ensure they are up to date. We encourage you to ask for evidence of:

3.8.1 Valid business insurance cover

3.8.2. Qualification(s) relevant to the service/product

3.8.3 Professional body/association membership details relevant to the service/product;

3.9 The information on this Site is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. Please refer to Subclause 10;

3.10 We do not warrant or represent that the Site or any part thereof is accurate or complete. Wellbeing Umbrella disclaims all warranties, either express or implied, including but not limited to the implied warranties of fitness for particular purpose;

3.11 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.12 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use and Our Terms for Store Users, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.13 You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

3.14 You accept that Our Site and all information and listings published on it are provided as general information only, and does not in any way constitute a reference, validation or is in any way an endorsement of any information provided to you, or any recommendation or endorsement of Users, products, services or events.

3.15 You accept that no information or listing should be seen as a substitute for professional advice or treatment. In all cases it is your responsibility to seek appropriate professional advice or treatment for any symptoms of disease or disorder that you may be experiencing.

3.16 You agree that Our Site is provided for personal use only for those wishing to engage in the services of the Site. You agree not to use the Site for commercial purpose including, but not limited to, the compiling of databases, lists or directories or providing commercial information to any third party or other reason.

4. Accounts

4.1 Certain parts of Our Site (including the ability to save favourite stores, reviews and create listings through the Site) require an Account in order to use them.

4.2 You may not create an Account if you are not located within the United Kingdom, and accept that our Store Users may only provide goods and services from the United Kingdom for the United Kingdom and make no promise that listings on the Site are appropriate or available for use in all locations within the United Kingdom.

4.3 You may not create an Account if you are under 18 years of age. If you are under 18 years of age but over 16 years of age, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.4 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.5 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

4.6 It is your responsibility to keep your password safe. You must not share your password with anyone else.

4.7 If you believe your Account is being used without your permission, please contact Us immediately at hello@wellbeingumbrella.co.uk. We will not be liable for any unauthorised use of your Account.

4.8 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.9 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.10 If you wish to close/delete your Account data, please request this action via the “Help form” on Our Site. Please note that once an Account is deleted it cannot be undone.

4.11 For Store Users if you suspend your Account, nothing will be deleted, but you and your User Content will cease to be visible to other Users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access. For further information please read Terms for Store Users.

5. Intellectual Property Rights and Use of Our Site

5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3 You may:

5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

6. User Content

6.1 User Content on Our Site includes (but is not limited to) Service listings, Product listings, Event listings, Reviews, Comments and Blogs.

6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.5 If you wish to remove User Content, you may do so by either emailing us at hello@wellbeingumbrella.co.uk or using any of the options provided on Our contact page. We will use reasonable efforts to remove the User Content from Our Site. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6 We may reject, reclassify, or remove any User Content from Our Site where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.2 You may not link to any page other than the homepage of Our Site, www.wellbeingumbrella.co.uk. Linking to other pages (known as “deep linking”) requires Our express written permission. Please contact Us at hello@wellbeingumbrella.co.uk.

7.3 Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at hello@wellbeingumbrella.co.uk for further information.

7.4 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Third Party Advertising

9.1 We may feature Third Party Advertising on Our Site.

9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3 We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers (Including Health & Medical) and Legal Rights

10.1 When using Our Site, you expressly agree that:

10.2 Our Site may contain testimonials from Users of Our or Store Users products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of Our or Store User products and/or services. We do not claim, and You should not assume, that all Users will have the same experiences. Your individual results may vary;

10.3 The testimonials on our Site are submitted in various forms such as text, audio and/or video, and are reviewed by Us or Store Users before being posted. They appear on the Website verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public;

10.4 The views and opinions contained in the testimonials belong solely to the individual user and do not reflect Our or Store User views and opinions; and

10.5 The testimonials on our Site are not intended, nor should they be construed, as claims that Our and Store User products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

10.6 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.7 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether expressed or implied) that the Content is complete, accurate, or up-to-date.

10.8 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11. Our Liability

11.1 Please note that the provisions of this Clause 11 are subject to Our Terms for Store Users and Guest Contributor Agreement.

11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether expressed or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.

11.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.

11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

12. Viruses, Malware, and Security

12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5.

12.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage Policy

Use of Our Site is also governed by Our Acceptable Use Policy. These policies are incorporated into these Terms and Conditions by this reference.

14. Privacy and Cookies

Use of Our Site is also governed by Privacy Policy, incorporated into these Terms and Conditions by this reference.

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

16. Communications from Us

16.1 If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Store Users, Privacy Policy; and changes to your Account.

16.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 7 days for Us to comply with your request. During that time, you may continue to receive emails from Us.

17. Contacting Us

To contact Us, please email Us directly at hello@wellbeingumbrella.co.uk or using any of the options provided on Our contact page.

18. Changes to these Terms of Use

18.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

18.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

19. Other Important Terms

19.1 We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business).  If this occurs and you have an account with us, you will be informed by Us in writing.  Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

19.2 You may not transfer (assign) your obligations and rights under these Terms of Use without Our express written permission.

19.3 If any of the provisions of these Terms of Use are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Use.  The remainder of these Terms of Use shall be valid and enforceable.

19.4 No failure or delay by Us in exercising any of Our rights under these Terms of Use means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Use means that We will waive any subsequent breach of the same or any other provision.

19.5 We may revise these Terms of Use from time to time in response to changes in relevant laws and other regulatory requirements.

20. Law and Jurisdiction

20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.