Last Updated: 27.07.2021
1. Definitions and Interpretation
|“Account”||means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;|
|“Buyer”||means a User who makes a purchase on Our Marketplace;|
|“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;|
|“Marketplace”||means Our platform for Buyers and Sellers on Our Site;|
|“Seller”||means a User who sells on Our Marketplace;|
|“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 Ltd, a private limited company registered in England under company 11344575, whose registered address is Suite 1, 33 Harehill Road, Littleborough, Lancashire OL15 9AD and whose main trading address is 49 Wigan Road, Hindley. Wigan. WN2 3BG|
2. Information About Us
Our Site, www.wellbeingumbrella.co.uk, is owned and operated by Wellbeing Umbrella Ltd, a private limited company registered in England under Company Number 11344575, whose registered address is Suite 1, 33 Harehill Road, Littleborough, Lancashire OL15 9AD.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.5 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.
3.6 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.
3.7 You agree that Our Site is provided for personal use only for those wishing to engage in the services of the Marketplace. You agree not to use the Marketplace 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.
4.1 Certain parts of Our Site (including the ability to buy and sell through the Marketplace) 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 Sellers only deliver 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 firstname.lastname@example.org. 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 delete your Account, you may do so at any time by accessing the delete button on your Directory profile via the Directory Manager tab https://wellbeingumbrella.co.uk/your-profile/. If you delete your account, We will remove your information from Our systems and will remove your User Content from Our Site. 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.
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:
5.3.1 access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);
5.3.2 download Our Site (or any part of it) for caching;
5.3.3 print one copy of any pages from Our Site;
5.3.4 download extracts from pages on Our Site; and
5.3.5 save pages from Our Site for later and/or offline viewing.
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 whether by business users or consumers.
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 email@example.com 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 in 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:
7.1.1 you do so in a fair and legal way;
7.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
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 firstname.lastname@example.org.
7.3 Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at email@example.com 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:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.4.13 We reserve the right to withdraw linking permission without notice.
7.4.15 If you wish to make any use of content on Our Site other than that set out above, please contact firstname.lastname@example.org.
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:
10.1.1 The information on this website (“Site”) is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images and information, contained on or available through this Site is for general information purposes only. Wellbeing Umbrella makes no representation and assumes no responsibility for the accuracy of general information contained on or available through this Site, and such general information is subject to change without notice;
10.1.2 The information contained on this Site is provided for general educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Please consult a qualified health care professional to diagnose your health condition and prevent self-diagnosis. We do not dispense medical advice or prescribe or diagnose illness;
10.1.3 In all, none of the statements in Wellbeing Umbrella marketing and educational materials or this Site should be construed as the dispensing of medical advice, making claims regarding the cure of diseases, or claims that these products prevent or cure any disease state. The use or reliance of any information contained on this Site is solely at your own risk;
10.1.4 You should consult a licensed health care professional before starting any health protocol or any health device such as those found on this Site, especially if you are pregnant or have any pre-existing injuries or medical conditions. You are encouraged to confirm any information obtained from or through this Site with other sources, and review all information regarding any medical condition or treatment with your physician. You should never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through this site; and
10.1.5 Wellbeing Umbrella, does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this Site. As such, Wellbeing Umbrella is not responsible nor liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site.
10.2 The Professional body/association(s) name(s) shown by individual Store Sellers only covers that particular professional element stated and may not include other elements within the Seller’s store or listings. E.g. British Association for Counselling and Psychotherapy (BACP), does not cover the professional elements of massage, even though a Store Seller may offer this too. It is your responsibility to check with individual Store Sellers their professional credentials before relying or agreeing to purchase from them.
10.3 Our Site may contain testimonials from Users of Our or Sellers 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 Seller 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;
10.4 The testimonials on our Site are submitted in various forms such as text, audio and/or video, and are reviewed by Us or Sellers 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;
10.5 The views and opinions contained in the testimonials belong solely to the individual user and do not reflect Our or Seller views and opinions; and
10.6 The testimonials on our Site are not intended, nor should they be construed, as claims that Our and Store Seller 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.
10.7 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.
10.8 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.
10.9 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
11.2 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.
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, subject to sub-Clause 10.2.
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
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.
16. Communications from Us
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 email@example.com or using any of the options provided on Our contact page.
19. Law and Jurisdiction
19.1 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.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 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.
19.4 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.