Terms & Conditions

WELCOME TO THE HEALTH HEROINE TERMS AND CONDITIONS. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE HEALTH HEROINE WEBSITE OR PROGRAMMES.

The https://www.thehealthheroine.com website is operated by: The Health Heroine Ltd.
Our contact details are as follows:

Trading address:	The Health Heroine Ltd, 39 Elmfield Gardens, Newcastle Upon Tyne NE3 4XB UK
General email:	info@thehealthheroine.com
Telephone number:	+44 (0)7879 628487

1.0 THE WEBSITE

You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

1.1 COPYRIGHT INFRINGEMENT

1.1.1

In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email to info@thehealthheroine.com or by letter to: The Health Heroine Ltd, 39 Elmfield Gardens, Newcastle Upon Tyne NE3 4XB

1.2 LICENCE

1.2.1

You are permitted to print and download extracts from this Website for your own use on the following basis:

(a)	No documents or related graphics on this Website are modified in any way;
(b)	No graphics on this Website are used separately from accompanying text; and
(c)	Any of our copyright and trademark notices and this permission notice appear in all copies.

1.2.2

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 1.2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

1.2.3

Subject to clause 1.2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

1.2.4

Any rights not expressly granted in these terms are reserved.

1.3 COPYRIGHT INFRINGEMENT – Digital Millennium Copyright Act

1.3.1

If operating in America: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send Company a notice requesting that the material be removed or access to it blocked by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a)	A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b)	Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online web site are covered by a single notification, a representative list of such works at that website;
(c)	Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
(d)	Information reasonably sufficient to permit the Company to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
(e)	A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f)	A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1.3.2

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: The Health Heroine Ltd, 4 Lansdown Terrace, Newcastle upon Tyne, Tyne and Wear, NE3 1HN.

1.3.3

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

1.3.4

Any rights not expressly granted in these terms are reserved.

1.4 VISITOR MATERIAL AND CONDUCT

1.4.1

Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material, we and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

1.4.2

You are prohibited from posting or transmitting to or from this Website any material:

(a)	That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b)	For which you have not obtained all necessary licences and/or approvals;
(c)	which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d)	which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

1.4.3

You may not misuse the Website (including, without limitation, by hacking).

1.4.4

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 1.4.2 and 1.4.3.

1.5 SERVICE ACCESS

1.5.1

Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

1.5.2

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

1.6 NEWSLETTERS

1.6.1

The Health Heroine Ltd regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. The User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at info@thehealthheroine.com or following the unsubscribe link contained in each of the emails.

1.7 LINKS TO AND FROM OTHER WEBSITES

1.7.1

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

1.7.2

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a)	You do not remove, distort or otherwise alter the size or appearance of The Health Heroine logo;
(b)	You do not create a frame or any other browser or border environment around this Website;
(c)	You do not in any way imply that we are endorsing any products or services other than our own;
(d)	You do not misrepresent your relationship with us nor present any other false information about us;
(e)	You do not otherwise use any The Health Heroine trade marks displayed on this Website without our express written permission;
(f)	You do not link from a website that is not owned by you; and
(g)	Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause.

1.7.3

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 1.7.2.

1.8 REGISTRATION

1.8.1

To register with http://Thehealthheroine.com.com you must be over eighteen years of age.

1.8.2

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

1.8.3

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

1.8.4

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

1.8.5

Upon registering onto a programme, electronically, verbally or otherwise, The Health Heroine agrees to render services related to education and coaching (the “Programme”). These terms and conditions are binding for any products and/or services supplied by The Health Heroine.

2.0 ORDERING FROM US

All orders are made via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.0.1

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all service pricing without notice.

2.0.2

Service images and screenshots are for illustrative purposes only and may differ from the actual service.

2.0.3

We have taken care to describe and show services as accurately as possible. Despite this, slight variations in services may occur.

2.0.4

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set.

2.0.5

Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made unless we have notified you that we do not accept your order or you have cancelled your order.

2.0.6

We may refuse to accept an order:

(a)	Where products are not available;
(b)	Where we cannot obtain authorisation for your payment;
(c)	If there has been a pricing or product description error; or
(d)	If you do not meet any eligibility criteria set out in our terms and conditions.

2.0.7

The Health Heroine Ltd is NOT registered for VAT.

2.0.8

If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team on: info@thehealthheroine.com.

2.1 COMPENSATION/PAYMENT

2.1.1

The Client agrees to compensate The Health Heroine according to the payment schedule set forth on The Health Heroine’s website and the payment plan selected by the Client (the “Fee”).

2.1.2

To the extent that you provide The Health Heroine with credit-card(s) information for payment, the Health Heroine shall be authorised to charge your credit card(s) for any payments that are in arrears. Your credit card must not be altered or cancelled without notifying The Health Heroine’s prior written consent.

2.1.3

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

This does not affect your statutory rights.

2.2 CANCELLATIONS AND RETURNS

2.2.1

Your right of cancellation under the Distance Selling Regulations– FOR CONSUMERS ONLY. This section applies to consumers only (and not to businesses or other organisations) who order services.

2.3 CHARGEBACKS AND PAYMENT SECURITY

2.3.1

To the extent that the Client provides The Health Heroine with credit-card(s) information for payment on the Client’s account, The Health Heroine shall be authorised to charge the Client’s credit card(s) for any unpaid charges. The Client shall not make any chargebacks to The Health Heroine’s account, change or cancel the credit card that is provided as security without The Health Heroine’s prior written consent. The Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.

2.4 TERMINATION

2.4.1

In the event that the Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. The Health Heroine shall be allowed to immediately collect all sums from the Client and terminate providing further services to the Client. In the event that the Client is in arrears of payments to The Health Heroine, the Client shall be barred from using any of The Health Heroine’s services.

3.0 COACHING SERVICES AND PROGRAMMES AND PRODUCTS

3.1 COACHING SERVICES AND PROGRAMMES

3.1.1

Clients must be over the age of eighteen to attend any programme.

3.1.2

If you are accepted onto the program by Aileen Smith, you have the right to cancel the contract with The Health Heroine Ltd at any time up to 7 days after receipt of access to the services.

3.1.3

To cancel your contract in this timeframe you must notify us in writing, either by post or by email at info@www.thehealthheroine.com.

3.1.4

No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have started to use our service, unless the service is defective and you are cancelling it for this reason.

3.1.5

However, we may at our discretion promote and offer refunds in some situations. Any such offer will be clearly explained in the main pages of our website. During the first 30 days if you feel that the programme is not delivering for you then you are entitled to a 100% refund, however after this day, if for any reason you choose to leave the program, the full payment of the program will be due as per the original agreement.

3.1.6

If we accept your right to cancel, you will be credited within 30 days of notifying The Health Heroine Ltd of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required.

3.2 PROGRAMME RULES & TERMS

3.2.1

The information provided by The Health Heroine is designed for educational purposes only and is not intended to serve as medical advice it should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. Your health is the sum total of all your life choices and appropriate professional care and guidance should be taken as you make changes to your diet. If you have or suspect you may have a health problem, you should consult your health care provider.

3.2.2

To the extent that the Client interacts with The Health Heroine staff and/or their Clients, the Client agrees to at all times behave professionally, courteously, and respectfully with staff and the Clients. The Client agrees to abide by any Programme Rules/Regulations presented by The Health Heroine. The failure to abide by Programme rules shall be cause for termination of this Agreement. In the event of such termination, the Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

3.3 USE OF PROGRAMME MATERIALS

3.3.1

The Client consents to recordings being made of Programmes and the Programme. The Health Heroine reserves the right to use, at its sole discretion, Programme materials, videos and audio recordings of Programmes, and materials submitted by the Client in the context of the Programme(s) and the Programme for future lecture, teaching, and marketing materials, and further other goods/services provided by The Health Heroine, without compensation to the Client. The Client consents to its name, voice, and likeness being used by The Health Heroine for future lecture, teaching, and marketing materials, and further other goods/services provided by The Health Heroine, without compensation to the Client.

3.3.2

Further to registering onto your programme, details will be sent to you in relation to the programme’s policies, conduct, do’s and don’ts.

3.4 PRODUCTS

3.4.1

If you wish to cancel your order:

(a)	You can notify us by email to info@thehealthheroine.com before we have dispatched the products to you; or
(b)	You can return products you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning products to us shall be borne by you.

3.4.2

Upon receipt of the products we will give you a full refund of the amount paid for the product itself or an exchange credit as required.

3.4.3

The rights to return the products to us will not apply in the following circumstances: - in the event that the product has been used in the case of software, audio or visual products, where the packaging has been unsealed.

3.5 CONFIDENTIALITY

3.5.1

The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Health Heroine agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with the Client, during discussion with the Client, the coaching session with The Health Heroine, or otherwise, without the written consent of The Client. The Health Heroine shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

3.6 DISCLAIMER (WEBSITE)

3.6.1

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

3.6.2

The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

3.7 DISCLAIMER OF GUARANTEE (SERVICES AND PRODUCTS)

3.7.1

The Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Programme. The Client accepts and agrees that she/he is the one vital element to the Programme’s success and that The Health Heroine cannot control the Client. The Health Heroine makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Health Heroine and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. The Health Heroine makes no guarantee or warranty that the Programme will meet the Client’s requirements or that all the Clients will achieve the same results.

3.8 NO SUBSTITUTE FOR MEDICAL TREATMENT

3.8.1

The Client agrees to be mindful of his/her own wellbeing during the Programme and seek medical treatment (including, but not limited to psychotherapy), if needed. The Health Heroine does not provide medical, therapy, or psychotherapy services. The Health Heroine is not responsible for any decisions made by the Client as a result of the coaching and any consequences thereof.

3.9 INTELLECTUAL PROPERTY

3.9.1

The Health Heroine’s copyrighted and original materials shall be provided to your use only. You are not authorised to use any of The Health Heroine’s intellectual property for your business purposes and you are not authorised to share, copy, distribute or otherwise disseminate any of the material received. All intellectual property, including The Health Heroine’s copyrighted Programme materials, shall remain the sole property of The Health Heroine. No license to sell or distribute The Health Heroine’s materials is granted or implied.

3.10 NO RESALE OF SERVICES PERMITTED

3.10.1

The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Programme, including the Programme materials. This agreement is not transferrable or assignable without The Health Heroine’s prior written consent.

3.11 LIABILITY

3.11.1

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

3.11.2

Nothing in these terms and conditions shall exclude or limit our liability for:

(a)	death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(b)	fraud;
(c)	misrepresentation as to a fundamental matter; or
(d)	any liability which cannot be excluded or limited under applicable law.

3.1.3

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

3.1.4

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

3.1.5

Limitation of Liability – We shall have no liability to you unless you notify us in writing at our contact address of any problem within 10 working days of the delivery of the services in question.

3.1.6

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services.

3.1.7

The Health Heroine Ltd will not be liable to you for any loss or damage in circumstances where:

3.1.8

There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

3.1.9

Such loss or damage is not a reasonably foreseeable result of any such breach;

3.1.10

Any increase in loss or damage resulting from breach by you of any term of this contract.

3.1.11

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

3.12 GOVERNING LAW AND JURISDICTION

3.12.1

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

3.12.2

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

3.13 SUCCESS OF YOUR BUSINESS OR EARNINGS

3.13.1

What User derives from use of The Health Heroine Ltd products/services/information depends upon User’s commitment to, and effort in, applying the information. The Health Heroine Ltd does not represent, warrant or guarantee that User will achieve any particular results in business as a result of purchasing and using The Health Heroine Ltd products/services/information. User acknowledges that the success of User’s business depends on User’s skills, effort and commitment. PLEASE SEE OUR EARNINGS AND TESTIMONIAL DISCLAIMER ELSEWHERE ON THIS WEB SITE.

3.14 NON-DISPARAGEMENT

3.14.1

In the event that a dispute arises between the Parties or a grievance by the Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

3.15 INDEMNIFICATION

3.15.1

The Client shall defend, indemnify, and hold harmless The Health Heroine, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by The Health Heroine, or any of its shareholders, trustees, affiliates or successors. The Client shall defend The Health Heroine in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Health Heroine recognizes and agrees that all of The Health Heroine’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of The Health Heroine.

3.16 CONTROLLING AGREEMENT

3.16.1

In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by The Health Heroine or their employees, the provisions in this Agreement shall be controlling.

3.17 ENTIRE AGREEMENT

3.17.1

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

3.17 ENTIRE AGREEMENT

3.17.1

3.18 SURVIVABILITY

3.18.1

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

3.19 SEVERABILITY

3.19.1

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

3.20 OTHER TERMS

3.20.1

Upon execution of this agreement, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

3.21 MISCELLANEOUS

3.21.1

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

3.21.2

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.

3.21.3

Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties).