Terms of Service

Terms of Use

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.davehompes.com (the “Site”) or any products or services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Health For The People Ltd (“HFTP”) from time to time in its sole discretion. HFTP will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. HFTP, the legal owner of this website, respects your privacy and permits you to control the treatment of your personal information. A complete statement of HFTP’s current privacy policy can be found by clicking here.

Any purchases made on Site for Service, you agree to complete the process by providing accurate and timely information as requested on the relevant sales or client forms.

3. PAYMENT TERMS/ METHOD. HFTP, gladly accepts payment via Visa, Mastercard using Stripe. HFTP will grant access to Service upon receipt of payment in full.

4. RETURNS AND REFUND POLICY. HFTP, has respects your rights to change your mind, and concedes that returns and replacements are sometimes required. When making a purchase of any Service on the Site, you are agreeing to the following returns policy:

4.1 You may request a refund of any e-product(s) purchased within (30) days of receipt for a refund of the purchase price. No refunds will be issued after (60) days, In order to begin the refund process, please contact us at [email protected]

4.2 You may return any product(s) purchased within (30) days of receipt for replacement or a refund of the purchase price, subject to the following conditions: (a) returns after (30) days will incur a restocking charge equal to 15% of your order total less shipping cost, (b) no returns will be accepted or refunds issued after (60) days, (c) Shipping costs will not be refunded, (d) any items not in resalable condition will not be accepted for refund. All refunds are made upon receipt of the returned item.  In order to begin the return process, please contact us at [email protected]

4.3 You may return and request a refund for any unused test(s) purchased within (30) days of receipt for a refund of the purchase price, subject to the following conditions: (a) returns after (30) days will incur a restocking charge equal to 15% of your order total less shipping cost, (b) no returns will be accepted or refunds issued after (60) days, (c) Shipping costs will not be refunded. (d) items that require refrigeration are not eligible for return, (e) perishable items or those bearing a date of expiration must be returned unopened, and (f) any items not in resalable condition will not be accepted for refund. All refunds are made upon receipt of the returned item. In order to begin the return process, please contact us at [email protected]

4.4 You may request a full refund of the purchase price of for any completed test(s) where there are no significant clinical findings; subject to the following conditions: (a) The definition of significant clinical finding is at HFTP’s discretion, (b) Shipping costs will not be refunded. If you wish to claim a refund for the reason, please contact your practitioner or email us at: [email protected]

4.5 You may request a refund for any unused consultation service(s) within (30) days of receipt for a refund of the purchase price, subject to the following conditions: (a) consultations purchased as part of a test package where the test kit is returned unused and complies with clause 3.2, (b) consultations purchased as part of the test package where the test has been completed, and less than 3 months has passed since the results were returned to you.  In order to request a refund, please contact us at [email protected]

4.6 You may request a refund for any online service(s) purchased within  (30) days of receipt for a refund of the purchase price, subject to the following conditions: (a) no refund requests will be accepted after (60) days, (b) access to the online service(s) will be immediately revoked. In order to begin the refund process, please contact us at [email protected]

5. COMPLIANCE WITH IP LAWS. When accessing the Site or using any of the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site or Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. COPYRIGHT INFRINGEMENT. HFTP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Site or with any Service. HFTP has adopted a policy that provides for the immediate suspension and/or termination of any service user who is found to have infringed on the rights of HFTP or of a third party, or otherwise violated any intellectual property laws or regulations. HFTP’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HFTP to delete, edit, or disable the material in question, you must provide them with all of the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HFTP to locate the material; (d) information reasonably sufficient to permit HFTP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to HFTP designated agent at:

David A Hompes, Health For The People Ltd, 16 Main Street, Scholes, Leeds, LS15 4DJ.

Telephone: +44 800 310 21 21  Email: [email protected]

7. NO WARRANTIES. HFTP HEREBY DISCLAIMS ALL WARRANTIES. THE SITE AND THE INFORMATION CONTAINED IN THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.

HFTP is not engaged in the business of rendering direct medical advice or related medical professional services.  Site and Service should not be used in the diagnosis, treatment, cure, or prevention of any health problem or disease, nor should any of the information contained on their sites or through their services be interpreted as advocating the self-management of your health or medical condition(s). The Site and Service should not be considered a replacement to the advice of a qualified healthcare provider, or be applied as a substitute for professional care. Any information contained on their sites, products or services available should only be administered upon the advice of your qualified healthcare provider. To the extent that HFTP provides contact and/or biographical information for healthcare providers through one or more of the following: external links, email addresses, and/or telephone numbers, any and all such contact and/or biographical information has been supplied to HFTP from such healthcare providers, HFTP has conducted no investigation or due diligence with respect to the accuracy or veracity of the same, HFTP’s provision of any such contact and/or biographical information is not an endorsement by HFTP of the information provided or the services rendered by any such healthcare provider(s), and HFTP hereby expressly disclaims any and all responsibility or liability of an kind or nature whatsoever in connection with any such information provided and/or services promised or rendered by any such Healthcare Provider(s).

The U.S. Food and Drug Administration has not evaluated any of the information contained on this site or included in any of the services.  Every individual is unique and will react differently to various herbal, vitamin and mineral supplements.

8. LIMITED LIABILITY. HFTP’s liability to you is limited, to the maximum extent permitted by law. In no event shall HFTP be liable for damages of any kind (including, but not limited to, special, incidental or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of this site, the information contained in this site, any products or services purchased via this site, by you from HFTP. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

9. AFFILIATED SITES. HFTP has no control over, and no liability for any third party websites or materials. HFTP works with a number of partners and affiliates whose Internet sites may be linked with this site. HFTP has no control over the content and performance of these partner and affiliate sites, and makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. HFTP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that HFTP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

10. PROHIBITED USES. HFTP imposes certain restrictions on your permissible use of the site, it’s products and associated services. You are prohibited from violating or attempting to violate any security features of this site including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the site, or any associated system or network, or to breach security or authentication measures without proper authorisation; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus onto the site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HFTP in providing this Site and it’s associated Products and Services. Any violation of system or network security may subject you to civil and/or criminal liability.

11. INDEMNITY. You agree to indemnify HFTP for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless HFTP, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your use of this site and associated products and services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HFTP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. NO LICENSE. Nothing contained on this site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by HFTP or by any third party.

13. MODIFICATIONS. HFTP may, in its sole and absolute discretion, and without prior notice, (a) revise these Terms of Use; (b) modify the site and/or the associated Products and Services; and (c) discontinue the site and/or any product or service at any time. HFTP shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.  You hereby acknowledge and agree that these Terms of Use constitute the entire agreement between you and HFTP and supersedes any prior or contemporaneous written or oral agreements between you and HFTP, if any.

14. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United Kingdom (UK), without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the UK in all disputes arising out of or related to the use of the Site or Service.

15. ACKNOWLEDGEMENT. By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.