INTRODUCTION

• www.vitahealthgroup.co.uk is a website operated by Vita Health Group Limited (“we”, “us” and “our”). We are registered in England and Wales under company number 05002629 and have our registered office at 3 Dorset Rise, London, United Kingdom, EC4Y 8EN. We are a limited company.
• Our main trading address is at 3 Dorset Rise, London EC4Y 8EN.
• You can contact us by:
  • writing to the business address given above;
  • using our website contact form; and/or
  • email to enquiries@vhg.co.uk
• You must be at least 16 years of age to use our website. By using our website, you warrant and represent to us that you are at least 16 years of age.

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

• These terms and conditions govern your use of our website (“Terms“).
• By using our website, you agree to be bound by and comply with these Terms. Accordingly, if you do not agree to these Terms or any part of these Terms, you must not use our website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

The following “Additional Terms” may also apply to your use of our website:

• our privacy notice; and
• our cookie policy.

In the event of any inconsistency or conflict between these Terms and any of the Additional Terms, these Terms shall take precedence.

OUR WEBSITE IS ONLY FOR USERS IN THE UK

Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

• We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

• You may only use our website for your own personal purposes, and you must not use our website for any other purposes. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
• In accordance with these Terms, you may:
  • view pages from our website in a web browser;
  • print off one copy, and/or download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website;
  • stream audio and video files from our website; and/or
  • use our website services by means of a web browser.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• If you print off, copy, download, share or repost any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).
• Unless you own or control the relevant rights in the material, you must not:
  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public; or
  • redistribute material from our website.
• You are permitted to redistribute our newsletter in print and electronic form to any person in accordance with these Terms.

ACCEPTABLE USE

• You must not:
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • violate the directives set out in the robots.txt file for our website; or
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
• You must not use data collected from our website to contact individuals, companies or other persons or entities.
• You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
• These Terms shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

REGISTRATION AND ACCOUNTS

• To be eligible for an account on our website, you must be at least 16 years of age and resident in the United Kingdom.
• You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
• You must notify us in writing immediately if you become aware of any unauthorised use of your account.
• You must not use any other person’s account to access the website.

USER IDS AND PASSWORDS

• If you register for an account with our website, we will provide you with, or you will be asked to choose, a user ID and password.
• Your user ID must not be liable to mislead and must comply with our content standards that are set out in these Terms. You must not use your account or user ID for or in connection with the impersonation of any person.
• You must keep your password confidential. You must not disclose it to any third party and you must notify us in writing immediately if you become aware of any disclosure of your password.
• You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

CANCELLATION AND SUSPENSION OF YOUR ACCOUNT

We may suspend or cancel your account and/or edit your account details at any time in our sole discretion without notice or explanation.

DO NOT RELY ON INFORMATION ON THIS WEBSITE

• Although we make reasonable efforts to update the material on our website, we make no representations, warranties or guarantees, whether express or implied, that the material is accurate, complete or up to date.
• Save for where expressly stated otherwise, the material on our website is provided for general information only. It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

• Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
• We have no control over the contents of those websites or resources.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

• We do not guarantee that our website will be secure or free from bugs or viruses.
• You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
• You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our site. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

RULES ABOUT LINKING TO OUR WEBSITE

• You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• You must not establish a link to our website in any website that is not owned by you.
• Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
• We reserve the right to withdraw linking permission without notice.
• The website in which you are linking must comply in all respects with the content standards set out in these Terms.

YOUR CONTENT: LICENCE

• In these Terms, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
• You grant to us a worldwide, sub-licensable, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website. You grant to us the right to bring an action for infringement of the rights licensed under this clause.
• You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
• You may edit your content to the extent permitted using the editing functionality made available on our website.

YOUR CONTENT: RULES

• You warrant and represent that your content will comply with these Terms.
• Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
• Your content, and the use of your content by us in accordance with these Terms, must not:
  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence, in an explicit, graphic or gratuitous manner;
  • be pornographic, lewd, suggestive or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

• Nothing in these Terms will:
  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our website; or
  • use of or reliance on any content displayed on our website.
• In particular, we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any defamatory, offensive or illegal information posted by website users or illegal conduct of third parties.

• We are not responsible to you for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

• You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

BREACHES OF THESE TERMS

• Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website;
  • contact any or all your internet service providers and request that they block your access to our website;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on our website.
• Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
• We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WE MAY MAKE CHANGES TO OUR WEBSITE

• We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY MAKE CHANGES TO THESE TERMS

• We may revise these Terms from time to time. Every time you wish to use our website, please check these Terms to ensure you understand the terms that apply at that time.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

• Our website is made available free of charge.
• We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

• We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

• You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and Additional Terms, and that they comply with them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

• We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
• You are not permitted to transfer your rights and obligations under these Terms to any other person or organisation.

SEVERABILITY

• If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
• If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

NO RIGHTS FOR THIRD PARTIES

• These Terms are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
• The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.

ENTIRE AGREEMENT

These Terms, together with those incorporated or referred to herein (including the Additional Terms) constitute the entire agreement between us relating to your use of our website, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

• If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
• If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

5 August 2024