Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
This Website is for use by Users and Customers. Only Customers may place orders and purchase Products on sale on this Website. To purchase Products on this Website, Customers have to place an order, accept our Terms and Conditions and make Payment. Users and Customers may access Content on this Website. If the use of this Website is as a result of an agreement between a third party and Menopause Woman, then, to the extent that these Terms and Conditions conflict with the terms and conditions of such an agreement, the Terms and Conditions of this Website shall prevail. If the User does not agree with the applicable Terms and Conditions then the User is not authorised to use this Website.
This Website is operated by Longevity Inc. Ltd., a company registered in Scotland under company number SC490834 whose registered office is situated at 168 Bath Street, Glasgow, G2 4TP. Our VAT number is 240 3125 60.
These Terms and Conditions specifically govern the creation of Accounts by Users, the access to and/or use of this Website by Users and Customers and the purchase of Products on sale on this Website by Customers.
Whilst this Website may be accessible from various parts of the world, the Content accessible and the Products sold via this Website are limited to the United Kingdom and Menopause Woman does not represent that the Content or Products are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent that local laws are applicable.
1.1 ‘Account’ means the account created on Registration on this Website by a User.
1.2 ‘BHRT’ means Blue Horizon, Dzugan Physiologic.
1.5‘Content’ means all text, scripts, information, documents, graphics, digital files, photographs, mobile Content, sounds, music, audio or audio-visual files, videos, and interactive features contained on this Website.
1.6 ‘Customer’, ‘you’, ‘your’ mean a User that has completed the Registration process on this Website to become a Customer or provided shipping and billing information in order to place an order to purchase Products on this Website.
1.7 ‘Intellectual Property Rights’ or ‘IPRs’ mean any copyright or rights of a similar nature, unregistered and registered trademarks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights).
1.8 ‘Media’ means any and all multimedia channels, videos, photographs, animations, sound and music contained on this Website.
1.9 ‘Menopause Woman’, ‘we’, ‘us’ mean the trading arm of Longevity Inc. Ltd.
1.10 ‘Payment’ means payment by the Customer for the Products in accordance with Clause 9.
1.12 ‘Products’, ‘Product’ mean a range of food supplements, diagnostic kits and books.
1.13 ‘Registration’, ‘Registering’, ‘Register’ mean registration of the User as a Customer on this Website to create the Account in accordance with Clause 5 before purchasing a Product on this Website.
1.14 ‘Services’ mean the provision of access from time to time to Customers via this Website to third-party partners that provide BHRT treatment and diagnostics.
1.15 ‘User’ means a prospective Customer accessing this Website and browsing via a computer or mobile device. In order to become a Customer on this Website, the User will have to complete the Registration process on this Website or provide shipping and delivery information when placing an order to purchase Products. The User may be a representative of a company, or may represent a local organisation or community, in which case the User takes full responsibility for that representation.
1.16 ‘Website’ means the Website with URL www.menopausewoman.co.uk.
2.1 This Website is for use by Users and Customers who wish to browse this Website or use the Content and Services on this Website, or for Customers who wish to purchase Products from time to time on sale on this Website and as described in Clause 8 below.
3. YOUR ACCEPTANCE
3.1 These Terms and Conditions are the legally binding terms and conditions on:
3.1.1 The User and/or Customer in order to browse this Website and/or access this Website; and
3.1.2 The Customer to purchase Products on sale on this Website and/or use the Services.
3.2 The User or Customer browsing, accessing and/or using the Services and/or purchasing Products on this Website respectively will be bound by the following:
3.2.1 These Terms and Conditions found at https://www.menopausewoman.co.uk/terms;
4.2 Menopause Woman uses login Cookies on this Website.
4.3 Menopause Woman uses Google Analytics on this Website. When the User or Customer accesses or uses this Website via a browser or application Google servers automatically record certain information.
5.1 The User must accept and agree to these Terms and Conditions before placing the order to purchase the Products on this Website.
5.2 Only Users aged 16 years or above can Register free or provide shipping and delivery details when placing an order to become Customers on this Website and be able to purchase the Products on this Website.
5.3 The User may browse and access this Website without any Registration, however, in order to purchase the Products, the User will have to Register or provide shipping and delivery details to become a Customer.
5.4 The User has two means of Registering on this Website. The User may either:
5.4.1 Click on the Box ‘Accept Terms and Conditions’ when placing an order at checkout to complete the Registration process and press the ‘Place order’ button; or
5.4.2 After entering your e-mail address on the ‘My Account’ page, click the link to ‘Register’.
5.6.1 First name;
5.6.2 Family name;
5.6.3 Address & Postcode;
5.6.4 Telephone number;
5.6.5 E-mail address.
5.7 When the User presses either ‘Register’ on the ‘My Account’ page or ‘Place order’ on the checkout page, the Registration process will be completed. Once the User completes the Registration process, the Customer will then be able to purchase and will be taken to the Payment gateway to enter card details to make Payment respectively. Before the Customer purchases the Products, the Customer is required to provide a billing address and a separate shipping address, if applicable. If the Customer has already completed the Registration process on the sign-in page, then the Customer simply has to amend the details of the Customer’s shipping or billing address on the checkout page as both the shipping and billing addresses will be automatically completed for the Customer.
5.8 Once the Payment is made, the Customer will receive a confirmatory e-mail of the order.
5.9 The Customer will then be able to login into the Account. When Registering on this Website, the User must provide accurate and complete information.
5.10 It is important that the Customer keeps the password secure and confidential.
6. HOW TO CONTACT US
6.1 Contacting us if you are a Customer:
6.1.1 The Customer has the right to cancel the Contract because, as a consumer, it is the Customer’s legal right to do so as set out in Clause 11. The Customer must inform Menopause Woman that the Customer wishes to cancel. The Customer should send an e-mail to firstname.lastname@example.org, fill out the on-site ‘Customer Enquiry’ form or contact our Customer Services team via phone on 020 360 32 360 or by post to 168 Bath Street, Glasgow G2 4YP. If the Customer is e-mailing, using the ‘Customer Enquiry’ form or writing to us, the Customer should include details of the Customer’s order to help Menopause Woman to identify the Customer’s order. If the Customer sends Menopause Woman the Customer’s cancellation notice by e-mail, on-site form or by post, then the cancellation is effective from the date the Customer sends Menopause Woman the e-mail, form completion or posts the letter to us.
6.2 The Customer or User may contact us for any other reason, including any complaints, by e-mailing Menopause Woman at email@example.com, contacting us via the on-site Customer Enquiry form, or phoning 020 360 32 360.
6.3 If Menopause Woman has to contact the Customer or give notice in writing, Menopause Woman will do so by e-mail or by pre-paid post to the address the Customer provides to Menopause Woman in the Customer’s order.
6.4 Contacting Menopause Woman if the Customer is a business: The Customer may contact Menopause Woman by e-mailing firstname.lastname@example.org or calling 020 360 32 360 if the Customer wishes to give Menopause Woman formal notice of any matter in accordance with these Terms & Conditions.
7. PURCHASING ON THIS WEBSITE
7.1 The User:
7.1.1 May create an Account before placing an order on this Website; or
7.1.2 May browse the Products on this Website without creating an Account.
7.1.3 The User may access this Website, browse Products and place Products in their basket.
7.1.4 When the User has all desired items, the User will then ‘proceed to checkout’. The User may view basket to obtain a breakdown of the basket items and a range of delivery & fulfilment services and costs from a variety of vendors (Hermes, Royal Mail etc). The User will then choose a vendor and the cost for the service will be added to the entire costs for the purchase of the Products.
7.1.5 To purchase the Products on this Website, the User must enter billing details, plus shipping details if addresses differ, and the User becomes a Customer. The Customer then clicks ‘Place Order’ to place order.
7.1.6 The Customer is taken to a PayPal iframe within this Website where the Customer will choose to pay with a PayPal Account or a credit or debit card. If the latter, the User chooses card type and enters the following details:
220.127.116.11 Card Number;
18.104.22.168 Expiry Date;
22.214.171.124 CSC/CVC once.
7.1.7 Once entered, the User will click ‘Buy Now’.
7.1.8 Payment is then processed via PayPal business account for Menopause Woman. The Customer will be taken to a screen acknowledging successful receipt of the purchase of the Products. The Customer will receive an e-mail from Menopause Woman confirming the order and delivery details.
7.2 The Customer:
7.2.1 May log into the Account and browse the Products.
7.2.2 May browse the Products on this Website and browse by Product category or brand before placing order and logging into the Account or continuing to browse and purchase as a guest. The Customer may access this Website, browse items and place in basket.
7.2.3 When the Customer has all desired items, the Customer will then ‘proceed to checkout’. At this point the Customer has an option to enter coupon code if the Customer has one. The Customer may view basket to obtain a breakdown of the basket items and a range of delivery and fulfilment services and costs from a variety of vendors (Hermes, Royal Mail or other providers). The Customer will then choose a vendor and the cost for the service will be added to the entire costs for the purchase of the Products.
7.2.4 To purchase the Products on this Website the Customer must enter billing details, plus shipping details if addresses differ. The Customer then clicks ‘Place Order’ to place order.
7.2.5 The Customer is taken to a PayPal iframe within the Website where the Customer will choose to pay with a PayPal Account or a credit or debit card. If the latter, the User chooses card type and enters the following details:
7.2.5 1 Card Number;
126.96.36.199 Expiry Date;
188.8.131.52 CSC/CVC once.
7.2.6 Once entered, the User will click ‘Buy Now’.
7.2.7 Payment is then processed via PayPal business account for Menopause Woman. The Customer will be taken to a screen acknowledging successful receipt of the purchase of the Products. The Customer will receive an e-mail from Menopause Woman confirming the order and delivery details.
8. LIMITATIONS OF SUPPLY
8.1 Menopause Woman will always use its best endeavours to ensure that all orders for the purchase of the Products are fulfilled. Menopause Woman cannot always guarantee the availability of Products on this Website.
9.1. In order to purchase the Products on this Website, the User or Customer will have to make Payment in accordance with this Clause 9.
9.2 To purchase the Products on this Website, the User or Customer must be aged 16 years or above.
9.3 All purchases of the Products via this Website are subject to these Terms and Conditions.
9.4 There is a process for making Payment on this Website for the Customer:
9.4.1 The User or Customer must accept and agree to these Terms and Conditions before Payment can be made by the Customer for the purchase of the Products on this Website.
9.4.2 All prices for the Products will be displayed on this Website in GBP.
9.5 The Payment will be made and processed via an existing PayPal Account or a credit or debit card via PayPal live servers, not by Menopause Woman. All Payments made will be secure via PayPal and no credit-card details will be held by Menopause Woman or on this Website.
10. CANCELLATION, TERMINATION, AND REFUND
10.1 If the Products that you have ordered are faulty or damaged, you may exercise your statutory rights which will allow you to return the faulty or damaged Products within 14 days of the date of delivery to obtain a Refund or exchange (also known as the ‘cooling-off period’). The Customer must notify Menopause Woman by e-mail at email@example.com, via the on-site ‘Customer Enquiries’ form or via phoning 020 360 32 360 and notifying Menopause Woman of the fault or damage in order to obtain a full Refund. See Returns below.
10.2 If the Customer is unhappy and requests a Refund for the Products, the Customer will be entitled to exercise the Customer’s statutory rights which allow the Customer to return the Products, in this case within 14 days from the date of delivery, to obtain a Refund or exchange. The Customer must request a Refund within 14 days of the date of delivery of the Products. Refunds under this clause shall only be administered when the Customer has returned the Products in the same condition in which they were dispatched to the Customer by Menopause Woman. Once Menopause Woman has received the Products in the original condition, Menopause Woman will credit the Customer’s Account for the entire Payment for the Products including the initial delivery and any applicable shipping charges if the product is faulty or not as described.
10.3 Menopause Woman will Refund or exchange any Products that the Customer is not completely happy with when the Customer returns the Products to Menopause Woman in saleable condition by post. The Customer will receive a full Refund if the Products are in the original condition sent to you with the original packaging.
10.4 For any damaged Products in accordance with Clauses 10.1, Menopause Woman will transfer the Payment made by the Customer for the damaged Products once authorised by Menopause Woman that Menopause Woman receive the Products, provided that the Products have not been damaged by the Customer and have been sent in the original condition as the Products were received.
10.5 In the event that the Customer paid via a PayPal account, the Refund will be credited to the Customer’s PayPal account and it may take up to 30 days to appear on the Customer’s bank statement.
10.6 The Refund will be credited in the currency of the original Payment, using the same conversion rate used for the original Payment.
10.7 The Refund will include the Payment for the product in full, together with any applicable outgoing delivery charges and any reasonable cost the Customer may have incurred in returning faulty products or products not as described to Menopause Woman.
10.8 Unless the Products are faulty or not as described, the Customer will be responsible for the cost of returning the Products to Menopause Woman.
10.9 If you are a consumer, Menopause Woman is under a legal duty to supply Products that are in conformity with the Contract. As a consumer, the Customer has legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the Customer’s right of Return and Refund in this Clause 10 or anything else in these Terms & Conditions.
10.10 For the avoidance of doubt, under the Distance Selling Regulations, you have the right to cancel the Contract with us for the purchase of the Products until 14 days after delivery.If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period laid out in Clause 10.12. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.11 If the Customer wishes to cancel an order for the purchase of the Products, the Customer must contact Menopause Woman before returning the product. The Customer can do this via e-mail firstname.lastname@example.org, via the on-site ‘Customer Enquiries’ form or via phone 020 360 32 360 and giving all the details of the order.
10.12 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products. This does not apply if the tamper seal on the Products is broken.
10.13 In the event that the Products become unavailable before being dispatched, Menopause Woman shall refund the Payment to the Customer. Menopause Woman is permitted by law to:
10.13.1 Reduce the Refund to reflect any reduction in the value of the Products, if this has been caused by the Customer handling the Products in a way which would detrimentally affect the value of the Products. If Menopause Woman refunds the Payment before Menopause Woman is able to inspect the Products and later discovers the Customer has handled the Products in an unacceptable way, the Customer will be required to pay Menopause Woman an amount equal to the replacement of the Products.
10.13.2 Refund any delivery costs the Customer may have paid, although, as permitted by law, the maximum Refund will be the costs of delivery by the least expensive delivery method offered by Menopause Woman (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.13.3 Pay the Refund due to the Customer as soon as possible and, in any event, within the deadlines indicated below.
10.14 Menopause Woman shall be entitled to terminate the Account without notice in the event that the Customer is in breach of these Terms and Conditions. In the event of termination under this Clause, the Customer shall not be entitled to any Refund of the Products.
10.15 If the Customer cancels the Contract, Menopause Woman will:
10.15.1 Refund you the price you paid for the Products.
10.16 Where a Customer ceases to use this Website, the Customer will not be required to notify Menopause Woman.
10.18 The Customer cannot cancel the Account directly, this has to be done by sending an e-mail to email@example.com asking to cancel the Account. The Customer may stop using the Account at any time.
11. DELIVERY AND DELIVERY CHARGES
11.1 We have a Delivery and Returns Policy which can be found at https://www.menopausewoman.co.uk/returns/.
11.2. The parcel containing your Products will be sent to you via your selected fulfilment provider on the checkout page.
11.3 Menopause Woman shall use all reasonable endeavours to meet any delivery dates, but any such dates shall be estimates only and time shall not be of the essence. Menopause Woman does not guarantee that any Products will be delivered by the delivery dates and Menopause Woman shall not be liable for any loss or damage of any kind and howsoever arising or for any failure on the part of Menopause Woman to meet the delivery dates, except to the extent caused wilfully or negligently.
11.4 The delivery charges for the Products will be as stipulated on this Website from time to time.
11.5 Once Products have been dispatched, Menopause Woman will send you a confirmatory e-mail informing you of the following details:
11.5.1 The details of your order;
11.5.2 Customer reference number; and
11.5.3 Expected date of delivery, where applicable. Consult our Delivery and Returns Policy at https://www.menopausewoman.co.uk/returns/ for more details.
11.6 Menopause Woman will make every effort to dispatch the Products in accordance with the details given to you in the confirmatory e-mail.
11.7 Every effort will be made to ensure that the Products arrive in perfect condition as when packaged for delivery.
Affirmation and Damaged Products
11.8 It is the Customer’s responsibility to:
11.8.1 Check that all packaging is intact and that there is no visible damage to the outer packaging before accepting and signing for the delivery of the Products.
11.8.2 Carefully remove packaging. If you discover that the Products are damaged, please inform us immediately, preferably via e-mail at firstname.lastname@example.org or via the on-site ‘Customer Enquiries’ form.
12.1 We have a Delivery and Returns Policy which can be found at https://www.menopausewoman.co.uk/returns.
12.2 Customers have the right to cancel their order for a limited time, even if the goods aren’t faulty. We offer refunds to customers who have informed us within 14 days of receiving their goods that they want to cancel. Customers have another 14 days to return the goods once they’ve notified us of their request for refund. We will refund the customer within 14 days of receiving the goods back.
12.3 If you return a Product direct to our warehouse without notifying Menopause Woman of your return request beforehand, then your reimbursement could be deducted of any incurred charges passed onto us by our fulfillment partner for receiving the item without prior notification from us.
12.4 Refunds will be processed once the Return is authorised, but may take up to 30 days to appear in your Account. You will receive an e-mail to confirm your Return request has been accepted.
12.5 Refunds will be credited to your original method of Payment.
12.6 It is the responsibility of the Customer to ensure the Products are unused and reach us in their original condition and packaging with all accessories included in your package.
12.7 When you do return the Products, we recommend that you obtain proof of postage from the Post Office or fulfillment provider as we are unable to take responsibility for packages lost in the post. Your statutory rights in relation to Returns and Refunds are not affected.
12.8 If you have any queries regarding our Return policy then please contact us via telephone on 020 360 32 360 or e-mail at email@example.com.
RETURNS BY POST
All items need to be returned via post to:
Longevity Inc. Ltd., Units 8,9,10
East Sussex, BN8 6DG
England, United Kingdom
The following information should be included with your Return:
- Your order number;
- A cover note stating the reason for the Return;
- Contact details.
Please return the Products to us in their original packaging to avoid the items being damaged during the return process. It is your responsibility to ensure that the items reach us in a saleable condition.
13. USERS’ AND CUSTOMERS’ OBLIGATIONS
13.2 Each User and/or Customer warrants that any information provided is true and accurate to the best of the User’s and/or Customer’s knowledge.
13.4 The User and/or Customer agrees, warrants and undertakes with Menopause Woman:
13.4.1 Not to use false, inaccurate or misleading information on this Website and/or in the placing of the order to purchase the Products on this Website;
13.4.2 Not to be in breach of any applicable laws or regulations;
13.4.3 Not to cause or act in a manner likely to cause Menopause Woman to be liable in any way to Menopause Woman’s Internet Service Provider or other suppliers;
13.4.4 Not to cause the Website to be interrupted, damaged or impaired in anyway;
13.4.5 To indemnify and keep fully indemnified Menopause Woman against any and all loss or damage of any kind suffered as a result of the Customer’s misuse of the Products and this Website or any breach or non-observance of these Terms and Conditions; and
13.4.6 That Menopause Woman has absolute discretion in relation to the look and feel and Content of this Website and Menopause Woman shall have the right to change these Terms and Conditions at any time without notice at its sole discretion.
13.5 In the event that the Customer becomes aware of any unauthorised access to the Account, the Customer must notify Menopause Woman immediately by sending an e-mail to firstname.lastname@example.org.
13.6. The Customer will be solely Accountable to Menopause Woman for all activities taking place in connection with the Account.
13.7 Menopause Woman will not be liable to the Customer for any losses incurred by the Customer as a result of unauthorised use of the Account. The Customer may be liable to Menopause Woman for any losses incurred by Menopause Woman due to such unauthorised use by the Customer.
14. MENOPAUSE WOMAN’S OBLIGATIONS
14.1 Menopause Woman is responsible for supplying the Products to the Customer with care and professionalism.
14.2 Any changes to these Terms and Conditions shall be communicated to the Customer in accordance with Clause 3.4 above.
14.3 Menopause Woman will endeavour to have this Website running efficiently and accessible at all times.
14.4 Menopause Woman shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any backup material.
14.5 For the avoidance of doubt, Menopause Woman gives no warranties as to the quality and/or suitability of the Products.
14.6 Menopause Woman shall provide each Customer with a unique password for secure access to the Account.
14.7 Menopause Woman shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any backup material.
15. GENERAL USE OF THIS WEBSITE – PERMISSIONS AND RESTRICTIONS
15.1 Menopause Woman grants the User and/or Customer access to and use of this Website provided that:
15.1.2 The User and/or Customer does not alter or modify any part of this Website including any Content;
15.1.3 The User and/or Customer does not access Content through any unauthorised means or technology;
15.1.4 The User and/or Customer does not send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trademark, confidence, privacy or any other rights;
15.1.5 The User and/or Customer does not transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to this Website or any User or Customer;
15.1.6 The User and/or Customer may not circumvent or attempt to circumvent security measures or try to modify the site Content except as expressly permitted.
15.2 Menopause Woman reserves the right to exclude a particular User from a service, and/or delete their details, if they abuse it (which could include, but is not limited to, hacking, submission of obscenities, fraud or the spreading of computer viruses). Menopause Woman may also make changes to a service without warning which may include the removal of a service at any time.
15.3 In the interests of the Users, Menopause Woman will co-operate with investigations by any law enforcement agency or relevant authority into suspected criminal activity or violation of systems or networks.
15.4 The User and/or Customer must not impersonate another person’s identity or misrepresent the User’s and/or Customer’s own identity or affiliation including using another’s personal details, password, Account name, e-mail or other such information held as part of the Customer’s Account.
16. CONTENT ON THE WEBSITE
16.1 Menopause Woman owns all Content on this Website including the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like.
16.2 Menopause Woman shall not be liable to any User and/or Customer for any loss or damage which may arise from the use of any of the Content contained on this Website.
16.3 Menopause Woman will use reasonable endeavours to ensure that Content is accurate and up to date, and to address any errors or omissions as soon as they are identified:
16.3.1 Menopause Woman cannot guarantee that the Content is always accurate and up to date, or that it applies to each individual circumstance.
16.3.2 The Content is not intended to be used as a substitute for legal or professional advice.
16.3.3 You should seek any appropriate professional advice relevant to your particular circumstances.
16.3.4 The Content is for your private use and informational purposes only.
16.3.5 Reliance on the Content or any other information provided by Menopause Woman or any of its employees, agents, authors or others providing Content on this Website is solely at your own risk.
16.3.6 This Website may contain materials that you may find offensive. If you find any of the Content offensive, please stop using this Website immediately.
16.4 Menopause Woman is not responsible for the websites to which this Website is linked, norfor websites which provide a link to this Website, and does not assume any affiliation with any other websites unless otherwise stated.
16.5 All images displayed on this Website are as accurate as possible and Menopause Woman is not responsible for any discrepancies which may occur. Menopause Woman does not take any responsibility as to the accuracy of the displayed items in terms of the depth of colour and actual colour of the Products, which are outside the control of Menopause Woman.
17. INTELLECTUAL PROPERTY
17.1 This Website and any and all IPRs are owned by Menopause Woman save in respect of any IPRs belonging to any licensor, partners, investors, sponsors, the User and/or Customer of this Website.
17.2 The User and/or Customer acknowledges and agrees that Menopause Woman owns all IPRs, right, title and interest in Menopause Woman’s trademark, Content and this Website (save where any such IPRs are owned by a licensor of Menopause Woman).
18.1 Whilst Menopause Woman shall endeavour to ensure that this Website is functioning at all material times, Menopause Woman does not warrant that this Website will be fully functional at all times. Menopause Woman reserves the right to suspend, restrict, or terminate this Website without offering a reason.
18.2 Whilst Menopause Woman intends to display accurate Content on this Website, Menopause Woman neither makes nor gives any representations or warranties, express or implied, about this Website or any material, information or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
19. LIMITATION OF LIABILITY
19.1 Nothing in these Terms and Conditions shall exclude or in any way limit Menopause Woman’s liability for fraud, death or personal injury caused directly by any other party’s negligence, or any other liability to the extent that such liability may not be excluded or limited as a matter of law or their servants, agents or employees. Subject to this:
19.1.1 The maximum aggregate liability of Menopause Woman in contract, tort (excluding defamation), negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions and every applicable part of them, shall be limited in aggregate to the value of the Products purchased by the Customer respectively under these Terms and Conditions.
19.1.2 To the fullest extent permitted by law, Menopause Woman will not be liable for any indirect or consequential loss or damage of any kind (including, without limitation, loss of profits) however caused and whether arising under contract, tort or otherwise.
19.2 Nothing in these Terms and Conditions shall affect the statutory rights of any Customer.
19.3 Under no circumstances shall Menopause Woman, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
19.4 This Website is made available to the User and/or Customer on an ‘as is’ and ‘as available’ basis without any warranties whatsoever about the nature and accuracy of any Content on the Website. For the avoidance of doubt, Menopause Woman expressly excludes (to the fullest extent permitted by law) any warranties as to the quality and/or suitability of any of the Products on this Website, and as to whether they are suitable for a particular purpose. Menopause Woman shall not be liable in anyway whatsoever in the event that the User and/or Customer does not deem the Content and/or the Products to be beneficial, or for non-infringement or any implied warranty arising out of performance, course of dealing or usage of trade.
20.2 The Customer agrees to defend, indemnify and keep indemnified, and hold harmless Menopause Woman, its officers, directors, employees, and agents from and against any and all claims which may be asserted against Menopause Woman, including but not limited to any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from the Customer’s use of this Website and/or the Products sold on this Website.
21. DATA PROTECTION
21.1 Menopause Woman has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 (‘the Act’) and will comply with its provisions.
21.3 The User’s and/or Customer’s data used by Menopause Woman will be stored in a database in accordance with the provisions of the Act.
22. LINKS TO THIRD-PARTY WEBSITES
22.1 This Website provides links to other third-party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of Menopause Woman and, by continuing to use this Website, the User and/or Customer acknowledges and agrees that Menopause Woman is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by Menopause Woman or any association with their operators.
22.2. By using a third-party Website, the User and/or Customer expressly relieves Menopause Woman of any and all liabilities arising out of or in connection with such use.
22.3 The User and/or Customer acknowledges and agrees that Menopause Woman is not responsible for the availability of any third-party sites. Furthermore, Menopause Woman does not endorse any advertising, products or other materials available from any third-party sites.
22.4 The User and/or Customer acknowledges and agrees that Menopause Woman is not liable for any loss or damage which may be incurred by User and/or Customer as a result of the availability of any third-party sites, or as a result of any reliance placed by User and/or Customer on the completeness or accuracy of any advertising, products or other materials available from any third-party sites.
23. SITE AVAILABILITY
23.1 Menopause Woman will endeavour to have this Website running efficiently and accessible at all times. However, Users and/or Customers will be notified on the homepage of this Website of any times when this Website may be unavailable due to scheduled maintenance work. Menopause Woman will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
23.2 Neither Menopause Woman nor any other party has control over the Internet, which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of Menopause Woman, such as system malfunction or failures of third parties. In these circumstances, Menopause Woman will use its reasonable endeavours to restore the service as soon as reasonably practicable.
23.3 Menopause Woman will use reasonable endeavours to resolveany faults in this Website as soon as reasonably practicable, it being accepted by the User and/or Customer that: using the Internet for any business purpose is an inherently unstable means of communication, there is always a risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside Menopause Woman’s control, and that it is technically impossible to provide this Website entirely free of fault at all times.
24.1 These Terms and Conditions will continue in force until terminated by the Customer or Menopause Woman in accordance with Clause 26.2 below.
24.2 In the event that the Customer wishes to terminate the legal agreement with Menopause Woman and therefore close the Account, the Customer may do so at any time by notifying Menopause Woman and closing the Account. The notice should be sent via e-mail to email@example.com.
24.3 Menopause Woman may terminate its legal agreement with the User and/or Customer immediately if:
24.3.2 Menopause Woman is required to do so by law;
24.3.3 Delivery of the Products to the Customer by Menopause Woman fails;
24.3.4 Menopause Woman elects to terminate access to this Website to the User and/or Customer situated in the country in which the User and/or Customer is resident or from which the User and/or Customer may wish to access this Website;
24.3.5 The User and/or Customer attempts to harvest personal information found on this Website;
24.3.6 The User and/or Customer uses this Website for non-agreed commercial purposes;
24.3.7 The User and/or Customer exhibits any other unreasonable behaviour that threatens this Website; or
24.3.8 The Customer requests to be de-registered.
24.4 Any termination of these Terms and Conditions (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination, and of Clauses 10.5, 16, 17, 18, 19, 20, 21, 22, 27 and any other Clauses which by their nature are intended to survive, shall survive expiry or termination of these Terms and Conditions.
25. WEBSITE DISCLAIMER
25.1 The Content and/or Products are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider 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.
25.2 Menopause Woman will use reasonable endeavours to include accurate and up-to-date Content on this Website. All Users and Customers agree that they access and use this Website at their own risk. Any views expressed by third parties on the Website are not necessarily shared by Menopause Woman, which accepts no responsibility for such views.
25.3 The health information provided is as accurate and comprehensive as possible but is only general information and should not be used as a substitute for advice received on consulting a health professional.
25.4 When using this Website, you may access or follow links to a number of online services or transactions. Each of these services may have its own terms and conditions or end-user licences that apply only to that service. Users of any service should ensure that they read the relevant terms and conditions.
25.5 We cannot guarantee the availability of any particular service or Products either provided by us or by another organisation.
25.6 Menopause Woman neither makes nor gives any representations or warranties, expressed or implied, about this Website or any material, information, Content or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timelines. Any reliance placed on such is at the User’s and/or Customer’s own risk.
25.7 Statements made on this Website have not been vetted, endorsed or evaluated by any regulatory body.
25.8 Menopause Woman makes no representations that the Content or the Products displayed on this Website are appropriate in locations outside the United Kingdom and accessing them from territories where the content is illegal is prohibited. Users and/or Customers of this Website who choose to access this Website from other locations will be doing so on their own initiative and will be responsible for compliance with domestic laws.
25.9 To the fullest extent permitted by law, Menopause Woman disclaims all warranties, expressed or implied, including but not limited to warranties of fitness for a particular purpose, title and non-infringement. This Website is made available to the User and/or Customer ‘as is’ without any warranties whatsoever about the nature, accuracy (either when posted or as a result of the passage of time) of any Content on this Website.
26. ENTIRE AGREEMENT AND SEVERABILITY
26.2 If any Clause of these Terms and Conditions is held invalid or unenforceable, the Clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining Clauses shall remain in full force and effect. If the User and/or Customer breaches these Terms and Conditions and Menopause Woman takes no action against the User and/or Customer, Menopause Woman will not be considered to have given up Menopause Woman’s rights to pursue any legal remedy in relation to the alleged or actual breach according to these Terms and Conditions.
27. FORCE MAJEURE
27.1 Menopause Woman shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
27.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
27.1.2 War, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
27.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
28. RIGHTS OF THIRD PARTIES
28.1 Notwithstanding any other provision in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
29.1 The User and/or Customer will not be entitled to assign the benefit of these Terms and Conditions in whole or in part to any party.
30.1 The failure to exercise or delay in exercising a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
30.2 The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect or impact the continuation in force of the remainder of these Terms and Conditions.
30.3 Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.
30.4 Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
30.5 The parties hereto shall and shall use their respective reasonable endeavours to procure, so far as they are able, that any necessary third parties shall execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require, by notice in writing to the other, to carry the provisions of these Terms and Conditions into effect.
32.1 The User and/or Customer acknowledges that the User and/or Customer has read and accepts these Terms and Conditions of use of this Website.
These Terms and Conditions were last updated March 2017.