user terms

  1. Who we are, what we do and contacting us

    1. We are THE ELEMENTS PROJECT Limited, company number 11918099 and with registered address: 36 Stockwell Park Crescent, London, SW9 0DG ("Company", "we", "us").

    2. Through our Website, we provide a platform to enable users to obtain (i) online acupuncture consultations and treatments.

    3. The terms by which you can order Services and by which we provide the Services to you are set out in our Service Terms.

    4. If you have any questions about anything in these User Terms or if you have technical issues or wish to make a complaint, then just contact us at support@theelementsproject.com.

  2. Your rights and restrictions

    1. The Website is for your own personal and non-commercial use only.

    2. The Website is intended for use only in the United Kingdom

    3. When using the Website you agree not to:

      1. attempt to undermine the security or integrity of the Website, Company's computing systems or networks or, where the Services or Website are hosted by a third party, that third party's computing systems and networks. Company will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;

      2. use, or misuse, the Services or Website in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or Website or impair the ability of any other user to use the Services or Website;

      3. attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services or Website are hosted;

      4. transmit, or input into the Services or Website, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

      5. create links to the Website unless Company gives you prior written consent;

      6. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;

      7. impersonate any other person while using the Website;

      8. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; or

      9. use the Website for any unlawful purpose.

    4. If you use any communication tools available through the Website (such as any forum, questionnaire or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to the Website or for advertising or marketing purposes.

    5. When you make any communication on the Website, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. Company is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services.

    6. You may have other rights granted by law, and these User Terms do not affect these except if the two are inconsistent. If this is the case then these User Terms will override any other rights which you may have, unless this is not permitted by law.

  3. Your personal information

    1. Company takes its responsibility for care of your personal information very seriously. Please see the Privacy Policy for information on how Company processes your personal information.

  4. Disclaimers

    1. Other than as set out in these User Terms the Website is provided on an "as is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the Services or any information, content, materials or products included or referenced on the Website.

    2. Company does its best to ensure that the information accessed through the Website is accurate and up to date but cannot guarantee that this will always be the case.

    3. Company aims to make the Website available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of Company's control, such as the internet.

    4. Company follows industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Website or the device that you use to access the Website, but Company cannot guarantee that the application will be totally free from viruses and malware.

    5. Company does not guarantee that the Website will be compatible with all hardware and software that you may use.

    6. The Website may contain links to third party web sites or programs that are not controlled by Company. Company is not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.

  5. Company's rights and obligations

    1. Company may change, modify, amend or remove some or all of the functionality or content on the Website at any time.

    2. Company reserves the right to remove any communication or any material held within the Website at any time in its sole discretion.

    3. You agree that Company is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website, Services or other products or services.

    4. Company and/or Company's licensors are the owners of the Website, which includes (but without limitation) any software, applications and domains made available through it.

    5. All intellectual property rights in the Website, and the content (except the personal information of you and other users contained your and their accounts), video, audio, graphics, logos, icons and service names which appear on the Website belong, or are licensed, to Company. You do not have any rights to such intellectual property except as expressly set out in these User Terms.

  6. Our liability to you

    1. These User Terms do not exclude or limit Company's liability (if any) for:

      1. death or personal injury caused by Company's negligence;

      2. fraud;

      3. fraudulent misrepresentation; or

      4. any matter which it would be illegal for Company to exclude or attempt to exclude Company's liability.

    2. Company is only liable to you for losses which you suffer as a direct result of Company's breach of these User Terms and which are reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted the User Terms was made, both we and you knew it might happen.

  7. General

    1. These User Terms and all communications between us will be in English. No other languages will apply to these User Terms.

    2. You may not transfer any of your rights under these User Terms to any other person.

    3. We may transfer any of our rights under these User Terms to any person or ask any person to fulfil any aspect of it so long as the performance of these User Terms is not affected.

    4. Only you and we have any rights under these User Terms. No other person shall have any rights under these Terms.

    5. Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    6. These User Terms will be governed by English law and you may bring legal proceedings in respect of these User Terms and/or the supply of services by us in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the supply of services by us in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the supply of services by us in either the Northern Irish or the English courts.