Terms and Conditions

 

This Terms of Service Agreement (“Terms”) governs your use of 365 Vitamins Limited ( “365 Vitamins”, “we,” “our” or “us”) web sites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other communications, and your purchase of the Memberships (“Subscriptions”) and Products sold by 365 Vitamins Limited. By using our Products and Services, you agree, without limitation or qualification, to be bound by these Terms and our Privacy Policy.

We may revise these Terms at any time. Your continued usage of our Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on our website, social platforms and marketing campaigns are governed by and construed in accordance with the laws of England and Wales.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the 365 Vitamins Services for any reason.

1. ELIGIBILITY

You must be 16 years of age or older to purchase from 365 Vitamins Limited. By visiting 365vitamins.co.uk or accepting the Terms, you represent and warrant to us that you are 16 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the 365vitamins.co.uk Site in a manner consistent with any and all applicable laws and regulations.

2. USE OF THE 365 Vitamins SERVICES

2.1 Use Restrictions

The content on our website, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from our licensors, and any other materials (collectively, the “Contents”) is protected by copyright under both English and foreign laws. Title to the Contents remains with 365 Vitamins Limited. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of 365 Vitamins Limited or its licensors.

You are authorised to view, download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2020, 365 Vitamins Limited, Inc. All rights reserved”

You may not, without our written permission, “mirror” any Contents contained on 365vitamins.co.uk or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use 365vitamins.co.uk in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of 365 Vitamins Limited or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to 365 Vitamins’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.

We reserve the right, in our sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, 365vitamins.co.uk, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

2.2 User Submissions

The personal information you submit to 365 Vitamins Limited is governed by our Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (Section 2.3 below), we do not claim ownership of any information or material a user provides to us or posts, uploads, input, submits, or transmits to our website or social media sites (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libellous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using our Site, or which, in our judgment, exposes our Company or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by 365 Vitamins Limited. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—365 Vitamins Limited a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, we are not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. We are not responsible for the consequences of any Submission. If notified by a user of a Submission allegedly in violation of these Terms, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. We will have no liability or responsibility to users for performance or non-performance of such activities.

We reserve the right (but are not obligated) to: (a) record the dialogue on our Site; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of our Site upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on our Site, regardless of whether such Submission violates these Terms.

2.3 Submission of Ideas

Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to 365 Vitamins Limited. Our policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of our products, services or marketing strategies might seem similar to ideas submitted to us.

Notwithstanding such policy, any Ideas that are offered or communicated to us shall be the property of 365 Vitamins Limited and may be treated as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to 365 Vitamins Limited will automatically become our property, without any compensation to you; (b) We may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) We have no obligation to review any Idea; and (d) no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, 365 Vitamins Limited.

2.4 Your Account

If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in our sole discretion.

3. TERMS OF SALE

3.1 Introduction

365 Vitamins Limited sells vitamin supplements (the “Products”) to end-user customers who purchase single product or a recurring membership plan (“Members”) to have the Products shipped regularly only for your own personal, non-commercial use (the “Membership”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 Products and Product Pricing

Pricing for Products (including any applicable shipping and handling fees) can be found on 365vitamins.co.uk. We reserve the right to change a Product’s price at any time. We do not provide price protection or refunds in the event of promotions or price decreases.

3.3 Subscriptions and Promotions

Members may view and manage their subscription by logging into their account on 365vitamins.co.uk. For combinations with other promotions and offers, restrictions may apply.

 We will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable product based on your Subscription unless you cancel your Membership.

To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and log into your account.

We reserve the right, in our absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the 365 Vitamins website or social media sites and marketing campaigns are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

3.4 Processing Orders

If any problems arise with your order, or with the shipping address or Payment Method associated with your Subscription, and we are unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to process future Subscription orders until the problem has been resolved.

3.5 Refunds

If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for the Product. Refund requests must be made directly to us at enquiries@365vitamins.co.uk. We are not liable for Products that are damaged or lost in transit to 365 Vitamins Limited. Promptly following our receipt of your request (typically within five (5) business days), We will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, we do not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.

We do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

3.6 Gift Cards

 The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. 365 Vitamins shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in our sole discretion, if we suspect a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on 365vitamins.co.uk.

4. MEMBERSHIP TERMS AND CANCELLATION POLICY

4.1 Recurring Membership; Automatic Renewal

You acknowledge and agree that each membership automatically renews unless you cancel it or we suspend or terminate it in accordance with these terms.

365 Vitamins Limited will automatically renew your Membership and charge your Payment Method depending on the Subscription shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Member sign-up process.

We will charge your Payment Method with the applicable cost for your Subscription, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.

To avoid being charged, you must cancel your Subscription in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and shipping frequency selected) until you cancel.

4.2 Pausing and Resuming Subscription; Shipping Frequency

Members will be shipped a product on the shipping frequency and/or shipping date stated on their account.

Members may temporarily pause their Subscription(s) (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any 365 Vitamins Products. Members who are in a Pause Period may resume receiving 365 Vitamins Products by logging into their account and resuming shipping. You may email any questions about the Pause Period to us at enquiries@365vitamins.co.uk.

4.3 Membership Cancellation

You may cancel your Membership at any time from the Account page on 365vitamins.co.uk. To cancel a Membership, click on “Subscriptions” on the left side of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one day prior to your next order shipping date to avoid being charged. If you have any problems, please email us at enquiries@365vitamins.co.uk.

5. LIABILITY OF 365 Vitamins Limited AND ITS LICENSORS AND PARTNERS

The contents on our Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, 365 Vitamins Limited disclaims all warranties of merchantability or fitness for a particular purpose. We do not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the 365 Vitamins Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or the result of the use of the contents on our Site in relation to their correctness, accuracy, reliability, or otherwise. You (and not 365 Vitamins Limited) assume the entire cost of all necessary servicing, repair or correction.

6. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES

365 Vitamins Site may contain hyperlinks to other websites (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).   The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the 365 Vitamins Services. You agree that 365 Vitamins shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on 365 Vitamins website.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on our Site does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party are solely between you and the third party. We make no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave our Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

7. INDEMNITY

You agree to defend, indemnify, and hold 365 Vitamins Limited, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "365 Vitamins Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of 365 Vitamins Site or Contents, or your violation of these Terms. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

     8. MODIFICATION OR SUSPENSION OF THE 365 Vitamins SERVICES

You agree that 365 Vitamins Limited may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of 365vitamins.co.uk, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

9. CUSTOMER CONCERNS

Customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at enquiries@365vitamins.co.uk or 365 Vitamins Limited, Attn: Customer Service, The Maylands Building, Hemel Hempstead, HP2 7TG.

10. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION

If you believe any Submission accessible on or from the 365 Vitamins Site infringes your copyright, you should notify 365 Vitamins of your infringement claim in accordance with the procedures below:

- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;

- Your name, address, telephone number, and (if available) email address;

- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

- A signature or the electronic equivalent from the copyright holder or authorized representative.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to enquiries@365vitamins.co.uk.

11. SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of 365 Vitamins Limited to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

12. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of 365 Vitamins Limited on 365vitamins.co.uk, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and 365 Vitamins Limited with respect to the use of the 365 Vitamins Site and Contents.