Last amended on 24 December 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE
www.wellhappy.com (our “Website”) is operated by Honey Bright Limited (company number 12290821, whose registered office is at Lynwood House, 373-375 Station Road, Harrow Middlesex, England, HA1 2AW. Throughout these terms, “we”, “us” and “our” refer to Honey Bright Limited.
This page (the “Conditions”) (together with the documents referred to on it) tells you the terms and conditions on which you may access and make use of our Website, whether as a guest or a registered customer. Use of our Website includes accessing, browsing, and/or registering to use our Website.
We recommend that you print a copy of these Conditions for future reference.
BY ACCESSING OR USING OUR WEBSITE, YOU CONFIRM THAT YOU ACCEPT THESE CONDITIONS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU ARE NOT PERMITTED TO USE OUR WEBSITE.
Any new features or tools which are added to our Website will also be subject to these Conditions. You can review the most current version of these Conditions at any time on our Website. We reserve the right to update, change or replace any part of these Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Website constitutes acceptance of any changes to these Conditions.
OTHER APPLICABLE CONDITIONS
These Conditions refer to the following additional documents, which also apply to your use of our Website:
- Our Acceptable Use Policy set out at section D below, sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
A. ACCESSING OUR WEBSITE
Our Website is made available free of charge.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Conditions and any other applicable terms and conditions and that they comply with them
B. NO RELIANCE ON INFORMATION
WARNING: WHEN PURCHASING ANY PRODUCTS WHICH RELATE TO YOUR HEALTH OR WELLBEING, YOU MUST CHECK WITH YOUR OWN GP BEFORE TAKING SUCH PRODUCTS. FAILURE TO DO SO COULD DAMAGE YOUR HEALTH. THE INFORMATION AND PRODUCTS AVAILABLE ON OUR WEBSITE ARE NOT INTENDED TO BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING AND WE STRONGLY RECOMMENDED THAT YOU CONSULT YOUR GENERAL PRACTITIONER OR A PROFESSIONAL MEDICAL ADVISOR IF YOU ARE UNSURE HOW THIS INFORMATION OR THE PRODUCTS WILL AFFECT YOUR HEALTH OR YOU FEEL ANY ILL EFFECTS FROM USING THE PRODUCTS. DUE TO THE UNPREDICTABLE NATURE OF ILLNESSES AND/OR MEDICAL CONDITIONS AND/OR TREATMENTS IT IS IMPOSSIBLE FOR US TO GIVE ANY WARRANTY AND/OR ANY GUARANTEE OF ANY OUTCOME OF ANY PROPOSED TREATMENT AND/OR ADVICE GIVEN.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that information on our Website or accessible from it is accurate, complete or up-to-date and accept no liability for any loss or damage caused by inaccurate information. You should independently verify any information before relying upon it. If you discover any inaccurate information on our Website please let us know and, where we agree, we will correct it as soon as practicable.
C. ACCEPTABLE USE POLICY
(a) Prohibited uses
You may use our Website only for lawful purposes. You may not use our Website:
- in any way that breaches any applicable local, national or international law or regulation
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- for the purpose of harming and/or harassing or attempting to harm and/or harass anyone in any way
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website in breach of these Conditions;
- not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
any equipment or network or software owned or used by any third party.
(b) Interactive services
We may from time to time provide interactive services on our Website, including, without limitation:
- chat rooms
- bulletin boards
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will use our reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
(c) Content standards
These Content Standards apply to any and all material which you contribute to our Website (“Contributions”), whether through bulletin boards, any interactive services associated with it or otherwise.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law in the UK and in any country from which they are posted
Contributions must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- promote sexually explicit material
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, database right or trademark of any other person
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- give the impression that they emanate from us, if this is not the case
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
(d) Suspension and termination
We will determine, in our sole discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of these Conditions, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Website
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Website
- issue of a warning to you
- commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- commence further legal action against you
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
(e) Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You should ensure that you check this page from time to time to take notice of any changes we may make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Website.
D. LIMITATION OF OUR LIABILITY
Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other conditions which may apply to our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our Website; or (ii) use of or reliance on any content displayed on our Website.
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as well as any indirect or consequential loss you may suffer in the event that you do use our Website for commercial or business purposes.
We do not guarantee that our Website, or any content on it, will always be available, uninterrupted or error free. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability apply to the supply of any Products by us to you. These are set out in our Terms of Sale.
E. INTELLECTUAL PROPERTY RIGHTS
Our Website contains certain materials, trade names and other proprietary information, including, but not limited to, text, logos, software, audio, video, multimedia content, photos and graphics. We are the owner or the licensee of all such intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us.
We ask that you do not modify, publish, transmit, ‘link-to’, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content on our Website, in whole or in part except as provided in these Conditions.
You may only print off one copy, and may download extracts, of any page(s) or information from our Website for your personal use.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation (whether or not for financial gain) of downloaded material or works derived or developed from the material on our Website will be permitted without our express written permission. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged with the copyright notice provided at the foot of each page of our Website, for example, “Copyright © 2019 Honey Bright Limited”.
If you print off, copy or download any part of our Website in breach of these Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
By accepting these Conditions, you acknowledge and accept that you do not acquire any ownership rights by downloading any material from our Website.
F. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the Content Standards set out in our Acceptable Use Policy above.
You guarantee that any such contribution complies with those standards, and you will be liable to us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the Content Standards set out in Our Acceptable Use Policy above.
The views expressed by other users on our Website do not necessarily represent our views or values.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
H. LINKING TO OUR SITE
You are not permitted to create links to our Website from any other website without first obtaining our written permission. On obtaining such written permission:
- you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it
- you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists
- you must not establish a link to our Website in any website that is not owned by you
- you must not establish a link to our Website in any website that is not owned by you
- our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page
- We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact us at email@example.com.
The failure of us to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.
In the event that any provision of these Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
Any rights not expressly granted in these Conditions are reserved to us. These Conditions are governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to settle any dispute which may arise in connection with these Conditions.
J. CONTACT INFORMATION
Questions about the Terms should be sent to us at firstname.lastname@example.org