Terms and Conditions
Last Updated: 01/08/2018
Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Website) or you are a "Registered User" (which means that you have registered to use the Website and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you are obliged to exit all of the Website and discontinue any and all use of the Website and the Services immediately.
Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Website. By accessing and/or using any of our Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.
Age Requirements for Access and Use of the Website. By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of England or other applicable jurisdiction. Registration, subscription, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).
Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Website. However, our Website are not directed toward children under the age of 18 and we do not knowingly collect information from children under the age of 18 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at email@example.com or by writing us at Aura-Soma Products Ltd, South Rd, Tetford, Horncastle, Lincolnshire UK LN9 6QB. We will use our best efforts to remove all of the information provided by the child from our system.
Member Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Aura-Soma Products Ltd will not be liable for any loss or damage arising from your failure to comply with this section.
Limited License. Aura-Soma Products Ltd hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Aura-Soma Products Ltd Content and the Third-Party Content located on or available through our Website or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Website and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Aura-Soma Products Ltd as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
Reservation of Rights. Aura-Soma Products Ltd Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Aura-Soma Products Ltd and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
Term and Termination. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by Aura-Soma Products Ltd or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at email@example.com but any such termination and cancellation will be effective only after Aura-Soma Products Ltd has processed the request. Aura-Soma Products Ltd reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. Aura-Soma Products Ltd shall have no liability to you or any third party because of such suspension or termination or related action for any reason.
Disclaimer of Warranties. You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by Aura-Soma Products Ltd and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following. (a) Your use of the Website and the Services is at your sole risk. The Website and the Services are provided on an “as is” and “as available” basis. Aura-Soma Products Ltd and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Aura-Soma Products Ltd-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Website, and any third party Website with which they are linked. (b) The Aura-Soma Products Ltd-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Website and/or the Services, including but not limited to products, services, events and/or information that you may learn about on the Website and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Website and/or the Services. By way of example only, if you use any product or service that you receive or learn about through the Website and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Aura-Soma Products Ltd-Related Parties Aura-Soma Products Ltd from any and all claims or causes of action, known or unknown, arising out of the foregoing. (c) The Aura-Soma Products Ltd-Related Parties make no warranty that the Website or the Services, the Site Content, and/or the information, products and services available through the Website or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Website or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components. (d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Aura-Soma Products Ltd-Related Parties make no warranties regarding the foregoing. (e) Any material downloaded or otherwise obtained through the use of our Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
Waiver of Claims. You hereby waive, release and discharge the Aura-Soma Products Ltd-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
Limitation of Liability. To the fullest extent permitted by applicable laws, the Aura-Soma Products Ltd-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if any of the Aura-Soma Products Ltd-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Aura-Soma Products Ltd-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Aura-Soma Products Ltd for the Services.
Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Aura-Soma Products Ltd. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
Indemnity. You agree to indemnify, defend, and hold harmless the Aura-Soma Products Ltd-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Aura-Soma Products Ltd will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.
Choice of Law and Forum. This Agreement and the relationship between you and Aura-Soma Products Ltd shall be governed by the laws of England without regard to its conflict of law provisions. You and Aura-Soma Products Ltd agree to submit to the personal and exclusive jurisdiction of the courts located in England.
No Waiver. The failure of Aura-Soma Products Ltd to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Relationship of the Parties. You and Aura-Soma Products Ltd acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Aura-Soma Products Ltd is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at firstname.lastname@example.org, or by mail at Aura-Soma Products Ltd, South Rd, Tetford, Horncastle LN9 6QB. Except as otherwise specified elsewhere in this Agreement, notices to Aura-Soma Products Ltd may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Aura-Soma Products Ltd.