Terms of Use

Terms of Use

This agreement applies as between you, the User of this Website and Jo Simons, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  • Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
  • Jo Simons means Jo Simons - Cognitive Hypnotherapy, Reflexology and Hypnobirthing of 35 Sunnyside Road, London   W5 5HT;
  • Service means collectively any online facilities, tools, services or information that Jo Simons makes available through the Website either now or in the future;
  • Services means the services available to you through this Website, specifically Cognitive Hypnotherapy, Reflexology, Hypnofertility and Hypnobirthing;
  • Payment Information means any details required for the purchase of Services from this Website.
  • Purchase Information means any orders, invoices, receipts or similar that may be in hard copy or electronic form; Premises Means our places of business; User means any third party that accesses the Website; and
  • Website means the website that you are currently using www.josimons.co.uk.

Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

Intellectual Property

Subject to the exceptions in Third Party Intellectual Property Clause of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Jo Simons, or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Fair Use of Intellectual Property Clause below you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Jo Simons.

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Fair Use of Intellectual Property Clause below you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Jo Simons or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking requires the express permission of Jo Simons. To find out more please contact us by email at jo@josimons.co.uk.

Use of Communications Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

  • You must not use obscene or vulgar language;
  • You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • You must not submit Content that is intended to promote or incite violence;
  • It is advised that submissions are made using the English language as I may be unable to respond to enquiries submitted in any other languages;
  • The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • You must not impersonate other people; and
  • You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
  • You acknowledge that  Jo Simons reserves the right to monitor any and all communications made to us or using our System.
  • You acknowledge that Jo Simons may retain copies of any and all communications made to us or using our System.
  • You acknowledge that any information you send to us through our System or post on the blog may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

Services, Pricing and Availability

Whilst every effort has been made to ensure that all descriptions of Services available from Jo Simons correspond to the actual Services, Jo Simons is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

Where appropriate, you may be required to select the required Services.  Jo Simons does not warrant that such Services will be available. All pricing information on the Website is correct at the time of going online. Jo Simons reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

Provision of Services

Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

Jo Simons shall use its best endeavours to provide the Services with reasonable skill and care.

Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

Privacy

Use of the Website is also governed by our Privacy and Cookie Policy which is incorporated into these terms and conditions by this reference. To view the Privacy and Cookie Policy, please click on the link above.

Disclaimers

Jo Simons makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst Jo Simons uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Changes to the Service and these Terms and Conditions

Jo Simons reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Jo Simons is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders pending in addition to any orders placed by you in the future.

Availability of the Website

The Service is provided “as is” and on an “as available” basis. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Jo Simons accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

  • To the maximum extent permitted by law,  Jo Simons accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
  • Nothing in these Terms and Conditions excludes or restricts  Jo Simons’s liability for death or personal injury resulting from any negligence or fraud on the part of Jo Simons.
  • Nothing in these Terms and Conditions excludes or restricts  Jo Simons’s liability for any direct or
  • indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Jo Simons.

Communications

  • All notices / communications shall be given to us either by post to our Premises, address above, or by email to jo@josimons.co.uk. Such notice will be deemed received 7 days after posting, the day of sending if the email is received on a business day and on the next business day if the email is sent on a weekend or public holiday.
  •  Jo Simons may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe" link in any email which you receive from us."

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Jo Simons shall be governed by and construed in accordance with the Law of England and Wales and Jo Simons and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.