JAN SOUTHERN TERMS AND CONDITIONS
These terms and conditions together with the Informed Consent Agreement will constitute the legal relationship between us if you register for a Class. In the event of any conflict or inconsistency between anything in these terms and conditions and the Informed Consent Agreement, the Informed Consent Agreement will prevail.
In these terms and conditions:-
“Agreement” means these Conditions together with the Informed Consent Agreement.
“Class” means a class, program or therapy provided by Jan Southern via a Platform.
“Class Materials” means the information provided by Jan Southern to accompany a Class in hard copy or electronic form.
“Client” means an individual who has been accepted for participation in a Class.
“Conditions” means these terms and conditions.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Class Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Fees” means the fees paid by you to Jan Southern for the Services.
“Information” means any and all material contained in this Website together with the Class Materials and any other information in any form provided by Jan Southern.
“Informed Consent Agreement” means the engagement document containing details of the Class which must be Signed by a Client before he/she is able to join the Class.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Jan Southern” and “We / Us / Our” means Janet Southern trading as ‘Jan Southern, Edinburgh, Scotland, United Kingdom.
“Platform” means Facebook, Zoom and any other social media platform or service used by Us to provide Services.
“Services” means the provision of the Class and/or provision of the Class Materials together with such other services as agreed from time to time.
“Signing” and “Signed” includes electronic execution including, where appropriate, ‘ticking a box’ on the Website or on a document accessed via the Website.
“the User” and “you” means you, the user of this Website.
“the Website” means the website of Jan Southern operating under URL https://livebeyondmigraine.com/
2. Basis of Use of the Website
You agree to the following:-
2.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;
2.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
2.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
2.5 that all Intellectual Property Rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Jan Southern at all times;
2.6 that you acknowledge that Jan Southern has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
2.7 that you will indemnify and keep indemnified Jan Southern against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under this Agreement.
3. Data Protection
4.1 To the fullest extent permitted at law, this Website and its contents is provided on an “as is” basis. While we take great care to keep the Information on the Website up to date and accurate, Jan Southern makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Information, products, services, or related graphics contained on the website or their suitability, reliability or usefulness for any purpose. Jan Southern disclaims all) representations or warranties of any kind, with respect to this Website or its contents. Any reliance you place on the Website or Information is therefore strictly at your own risk.
4.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Jan Southern becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, delict (including negligence but specifically excluding personal injury or death resulting from Jan Southern’s negligence) or otherwise, will not exceed the total value of any Services purchased immediately prior to such liability arising.
4.3 The Information contained on the website (“Content”) are for information purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
4.4 While every effort is made to ensure accurate and complete information, Jan Southern will not be liable for damages arising out of or in connection with the use of this Website or the Information, content, materials or products included on the Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
4.5 When using third party services such as Facebook, Zoom and Stripe you should be aware that you will be subject to such third parties’ terms and conditions and their privacy, data protection and policies. Jan Southern can have no responsibility nor liability for the Client’s use of these third party services.
4.6 Every effort is made to keep the website up and running smoothly. However we accept no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We reserve the right at any time without notice to revise the contents of this Website including these Conditions. Any changes to these Conditions will be posted on this Website and by continuing to use this site following any such change you will be agreeing to be bound by the revised Conditions.
6. Acceptable Use
6.1 You may only use this Website in accordance with these Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
6.2 You will indemnify Jan Southern from and against all claims, loss, damage, liability, demands, proceedings, costs and expenses (including legal fees) arising as a result of your breach of clause 6.1 above.
7. Links to Other Websites
7.1 Through this Website you may be able to link to other websites which are not under the control of Jan Southern. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
7.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
8.1. We will provide the Products and Services with reasonable care and skill in accordance with the description set out on the Website and/or the Informed Consent Agreement.
8.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
9. Registering for a Class
9.1 When register for a Service you are agreeing to purchase the Service on these terms and conditions. A legally binding agreement between us and you shall come into existence when we have:-
(a) accepted your registration for a Class; and
(b) received payment of the relevant Fees from you in accordance with clause 12 below.
10. Cancellation and Variation
10.1. Subject to clause 10.2 below, where we have accepted / confirmed the Service being purchased by you and formed a legally binding agreement with you in accordance with clause 9.2 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 9.2 to cancel your purchase of the Service.
10.2. If you have purchased a Class and the Class is due to commence within 14 days then you shall have no right to cancel your order.
10.3 Other than your right under clause 10.1 there is no right to cancel or vary your purchase of Services and any other cancellation and / or variation of Class dates will be at the entire discretion of Jan Southern.
10.4 Time is not of the essence for the delivery of any Services supplied under this Agreement.
10.5 Jan Southern reserves the right to change or vary the dates and/or times of classes on providing reasonable notice.
11. Class participation Rules
11.1 Any Platform used in the provision of Services is not a forum for participants sharing medical advice, medications advice nor treatment advice either formally or informally. Any such materials will be deleted by Jan Southern when they become aware of such material.
11.2 All Class Materials are provided for your personal use. No sharing, downloading or copying of any Class Materials is permitted unless previously authorised in writing by Jan Southern.
11.3 No recording of any Class or part thereof is permitted.
11.4 No posting of third party materials by Clients is permitted. Any such third party materials posts will be deleted.
11.5 No marketing or posting of their own therapy/treatment practice by any Client is permitted. Any such post will be deleted.
11.6 Any offensive and/or bullying comments are expressly forbidden and will be removed.
11.7 Any breach of these Class participation Rules will result in the removal of the perpetrator from the Class. No refund of fees will be made.
12. Prices and Payment
12.1 All prices and terms listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future without notice. We accept payment in British pounds sterling only.
12.2 Payment should be made using the third party payment gateway as instructed on the Website.
12.3. When paying for Services via this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
12.4 The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
12.5 Jan Southern reserves the right to change prices or institute new charges for Services at any time.
12.6 Jan Southern will not be liable for any bank charges incurred by the Client.
12.7 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Jan Southern.
13. Intellectual Property and Licence
13.1 Jan Southern or our affiliates or licensors own and reserve all right, title, and interest in and to the Information and Class Materials. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Class Materials whilst you are participating in a Class, in accordance with these Conditions.
13.2 Nothing in this Agreement transfers to you any rights of ownership of such Intellectual Property Rights, or constitutes a licence to use such Intellectual Property Rights other than to the extent expressly set out in these Conditions. Without Jan Southern’s prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any Information whether in whole or in part.
14. Force Majeure
14.1 Jan Southern shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic, epidemic, flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
14.2 Jan Southern cannot be held responsible or deemed in breach of this agreement in any way for third party delays, technical faults, including delivery failures affecting our performance.
16.1 Jan Southern shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.
17.1 This Agreement contains all the terms of your agreement with us relating to your use of this Website and the Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, this Agreement and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Client agree to submit to the non-exclusive jurisdiction of the Scottish courts.
17.2 Failure or delay by Jan Southern in enforcing any term of the Agreement shall not be construed as a waiver of any of our rights under it.
17.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.