Background to My Optimal Wellbeing
MyOptimalWellbeing.com offers users the opportunity to purchase supplements and related products that will help alleviate symptoms and further literature aimed at understanding restorative health.
These terms and conditions govern your use of www.myoptimalwellbeing.com (the “Site”). We ask that you read through and understand these terms which apply whether you have created an account on the Site or if you are just visiting.
These terms govern:
- Acceptable use of the Site
- Rights relating to the purchase of Products through the Site
- Our rights and responsibilities
- User rights and responsibilities
The site is for use by Users and Customers. Customers may place orders and purchase Products on the site. To purchase Products, Customers are required to place and order, accept these terms and conditions and make payment.
Users and Customers may access content on the site. If the use of the site is as a result of an agreement between a third party and My Optimal Wellbeing, then, to the extent that these terms and conditions conflict with the terms of such an agreement, the terms and conditions of this site shall prevail.
Whilst this site may be accessible from various parts of the world, the content accessible and the products sold via this site are limited to the United Kingdom and MyOptimalWellbeing does not represent that the content or products are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent that local laws are applicable.
- “Account” means the account created on Registration on this Site by a User;
- “Content” means all text, scripts, information, documents, graphics, digital files, photographs, mobile Content, sounds, music, audio or audio-visual files, videos, and interactive features contained on this Site;
- “Customer/You/Your” means a User that has completed the Registration process on this Website to become a Customer or provided shipping and billing information in order to place an order to purchase Products on the Site;
- “Intellectual Property Rights” or “IPRs” means any copyright or rights of a similar nature, unregistered and registered trademarks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights);
- “Payment” means payment by the Customer for the Products in accordance with Clause 10;
- “Products/Product” means a range of food supplements, diagnostic kits, books and other related lifestyle products;
- “Registration/Registering/Register” means registration of the User as a Customer on the Site to create an Account in accordance with Clause 5 before purchasing a Product on the Site;
- “User” means a prospective Customer accessing the Site and browsing via an online device. The User may be a representative of a company or may represent a local organisation or community, in which case the User takes full responsibility for that representation.
2. Who Are We?
This website is owned and managed by Longevity Inc. Limited, a company incorporated in Scotland under the Companies Acts (company number SC490834) and having its registered office at 168 Bath Street, Glasgow G2 4TP. Longevity Inc Limited trades as MyOptimalWellbeing(“We/Us/Our”). We can be contacted here or using the details provided below at Clause 30.
3. Your Acceptance
3.1 These terms and conditions are the legally binding terms and conditions on:
3.1.1 The User and/or Customer in order to access and/or browse the Site; and
3.1.2 The Customer to purchase Products on sale on this Site.
3.2 The User or Customer browsing, accessing and/or using the Site and/or purchasing Products on the Site respectively will be bound by the following:
3.2.1 These terms and conditions found here
3.2.3 The Privacy Notice found here and incorporated into these terms and conditions by reference.
3.3 This site constitutes an invitation to treat. By using this site, the User or Customer accepts these terms and conditions as well as the terms of the Privacy Notice. The User has to be Registered as a Customer in order to purchase products or provide shipping and delivery details when placing an order. By the user continuing with the order through to our shopping basket, this is deemed an offer to purchase the products from the site. Acceptance of the offer takes place when we send the customer a confirmation email of their order. A binding contract will be entered into between us and the customer once the customer makes payment for the order, in accordance with the relevant clauses below.
4. Our Site
4.1 The purpose of the site is to support private and commercial customers and includes the provision of access to relevant information and services.
4.2 The content of the site, including information, tools, and links, is provided free of charge unless otherwise stated.
4.3 We will do our best to ensure that content on this site is accurate and up to date, and to address any errors or omissions as soon as they are identified, however:
- We cannot guarantee that the content is always accurate or up to date, or that it applies to each individual circumstance
- Content of this site is not intended to be used as a substitute for professional or medical advice
- You should always seek any appropriate professional or medical advice relevant to your particular circumstances.
4.4 The content of the site, including articles, graphics, images, and all other material is for your private use and informational purposes only.
4.5 Reliance on the content or any other information provided by us, or any of our employees, agents, authors or others providing content on the site is solely at your own risk. The site and content are provided on an “as is” basis. The site may contain materials that you may find offensive. If you find any of the materials on the site offensive, it is at your own discretion to continue using the site or not.
4.6 We aim to provide constant and uninterrupted access to the site, but we do not take responsibility for issues outside of our control, such as internet or connection issues. Specifically, we do not guarantee that:
- the site will be available on each and every device or platform all of the time;
- that any technical issues that arise will be resolved quickly; and,
- that the site is error, virus or bug-free.
4.7 We will use all reasonable endeavours to resolve any faults in the site as soon as reasonably practicable, it being accepted by the User and/or Customer that using the internet for any business purpose is an inherently unstable means of communication, there is always a risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside our control, and that it is technically impossible to provide the site entirely free of fault at all times.
5. Creating an Account
5.1 Users have the option of creating an Account on the Site to access certain services and tools, including the opportunity to purchase supplements and literature through the site.
5.2 Only users aged 16 years or above can Register for an Account and purchase products from the site.
5.3 To register an account with us, you will be required to supply your email address. You will then be provided with a User ID and a password which you will be able to change when you log in to your Account.
5.4 A User can also create and account by clicking on the box “Accept Terms and Conditions” when placing an order at the checkout which will complete their registration process
5.5 Your User ID and password are very important pieces of information and it is your responsibility to keep them secure. You agree to:
- Choose a new password when you are required to do so;
- Keep your User ID and password confidential; and,
- Be responsible for any transactions made by users you have authorised to use your User ID and password.
5.6 Once you have registered your account with us, you will be able to add, remove, or change any of your personal information, including:
- Your full name;
- Your shipping address;
- Your billing address (if different);
- Your contact telephone number
5.7 If you would like to purchase any products through the site, you will also be required to provide your bank card details which will be processed through our third party payment provider, Paypal. The information which you provide during the payment process will be governed in accordance with Paypal’s Terms and Conditions. We shall not store any of your banking details as part of the personal data that we retain with your Account.
5.8 When you purchase products from the site, we will send you a confirmation message by email to give you an update on your order. It will be necessary to pass on your contact information to our courier partner to ensure that you receive your purchase.
5.9 Detailed information about how we collect, manage, process and store your personal data can be found in our Privacy Notice. You are required to accept the terms of our Privacy Notice if you wish to use the Site.
6. Account Cancellation
6.1 We shall be entitled to terminate the account without notice in the event that the customer is in breach of these Terms and Conditions. In the event of termination under this clause, the customer shall not be entitled to any Refund of the Products.
6.2 If the Customer cancels the contract, We will refund you the price you paid for the products in accordance with Clause 7.
6.3 Where a customer ceases to use this website, the customer will not be required to notify us.
6.4 Once a customer has ceased to use the site, any personal data which the customer has provided to us will be held and retained in accordance with our Privacy Notice.
6.5 The Customer cannot cancel the account directly, this has to be done by sending an e-mail to firstname.lastname@example.org asking to cancel the account. The customer may stop using the Account at any time.
6.6 After the customer has cancelled their account, any personal data which the customer has provided to us will be held and retained in accordance with our Privacy Notice.
7. Order Cancellation, Termination, and Refund
7.1 If the products that you have ordered are faulty or damaged, you may exercise your statutory rights which will allow you to return the faulty or damaged products within 14 days of the date of delivery to obtain a refund or exchange (also known as the “cooling-off period”). The customer must notify us by using our contact us page and notifying us of the fault or damage in order to obtain a full refund for the price of the faulty or damaged products.
7.2 If the Customer is unhappy and requests a refund for the Products, the customer will be entitled to exercise the customer’s statutory rights which allow the customer to return the products, in this case within 14 days from the date of delivery, to obtain a refund or exchange. The customer must request a refund within 14 days of the date of delivery of the products. Refunds under this clause shall only be administered when the customer has returned the products in the same condition in which they were dispatched to the customer by us. Once we have received the products in the original condition, we will credit the customer’s account for the entire payment for the products including the initial delivery and any applicable shipping charges if the product is faulty or not as described.
7.3 We will refund or exchange any products that the customer is not completely happy with when the customer returns the products to us in a saleable condition by post. The customer will receive a full refund if the products are in the original condition sent to you with the original packaging.
7.4 For any damaged products in accordance with Clauses 7.1, We will transfer the payment made by the customer for the damaged products once we have confirmed that we have received the products, provided that the products have not been damaged by the customer and have been sent in the original condition as the products were received.
7.5 In the event that the customer paid via a PayPal account, the refund will be credited to the customer’s PayPal account and it may take up to 30 days to appear on the customer’s bank statement.
7.6 The refund will be credited in the currency of the original payment, using the same conversion rate used for the original payment.
7.7 The refund will include the payment for the product in full, together with any applicable outgoing delivery charges and any reasonable cost the customer may have incurred in returning faulty products or products not as described to us.
7.8 Unless the products are faulty or not as described, the customer will be responsible for the cost of returning the products to Us.
7.9 If you are a consumer, we are under a legal duty to supply products that are in conformity with the contract. As a consumer, the customer has legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the customer’s right of return and refund in this Clause 7 or anything else in these Terms and Conditions.
7.10 For the avoidance of doubt, under the Distance Selling Regulations, you have the right to cancel the contract with us for the purchase of the products until 14 days after delivery. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period laid out in Clause 7.12. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.11 If the customer wishes to cancel an order for the purchase of the products, the customer must contact us before returning the product. The customer can do this via our contact page or by e-mail and giving all the details of the order.
7.12 You may cancel a contract from the date you receive the order confirmation, which is when the contract between us is formed. If the products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the products. This does not apply if the tamper seal on the products is broken.
7.13 In the event that the products become unavailable before being dispatched, We shall refund the payment to the customer. We are permitted by law to:
7.13.1 Reduce the refund to reflect any reduction in the value of the products if this has been caused by the customer handling the products in a way which would detrimentally affect the value of the products. If we refund the payment before we are able to inspect the products and later discover the customer has handled the products in an unacceptable way, the customer will be required to pay us an amount equal to the replacement of the products.
7.13.2 Refund any delivery costs the customer may have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method offered by us (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost, but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.13.3 Pay the refund due to the customer as soon as possible and, in any event, within the deadlines indicated below.
8. Delivery and Delivery Charges
8.1 We have a Delivery and Returns Policy which can be found here.
8.2 The parcel containing your order will be sent to you via your selected fulfilment provider which you will select on the checkout page.
8.3 We shall use all reasonable endeavours to meet any delivery dates, but any such dates shall be estimates only and time shall not be of the essence. We do not guarantee that any products will be delivered by the delivery dates and we shall not be liable for any loss or damage of any kind and howsoever arising or for any failure on our part to meet the delivery dates, except to the extent caused wilfully or negligently.
8.4 The delivery charges for the products will be as stipulated on the site from time to time.
8.5 Once products have been dispatched, We shall send you a confirmatory email informing you of the following details:
8.5.1 The details of your order;
8.5.2 Customer reference number;
8.5.3 Expected delivery date, where applicable. Consult our Delivery and Returns Policy for more details.
8.6 We shall make every effort to dispatch the products in accordance with the details given to you in the confirmatory email.
8.7 We shall make every effort to ensure that the products arrive in perfect condition as when packaged for delivery.
Affirmation and Damaged Products
8.8 It is the Customer’s responsibility to:
8.8.1 Check that all packaging is intact and that there is no visible damage to the outer packaging before accepting and signing for the delivery of the products.
8.8.2 Carefully remove packaging.
9.1 We have a Delivery and Returns Policy which can be found here
9.2 Customers have the right to cancel their order for a limited time, even if the goods aren’t faulty. We offer refunds to customers who have informed us within 14 days of receiving their goods that they want to cancel. Customers have another 14 days to return the goods once they’ve notified us of their request for refund. We will refund the customer within 14 days of receiving the goods back.
9.3 If you return a product direct to our warehouse without notifying us beforehand, then your reimbursements could be deducted of any incurred charges passed onto us by our fulfilment partner for receiving the item without prior notification from us.
9.4 Refunds will be processed once the return is authorised, but may take up to 30 days to appear in the customer’s account. You will receive an email to confirm your return request has been accepted.
9.5 Refunds will be credited to the customer’s original method of payment.
9.6 It is the responsibility of the customer to ensure the products are unused and reach us in their original condition and packaging with all accessories included in your package.
9.7 When you do return the products, we recommend that you obtain proof of postage from the Post Office or fulfilment provider as we are unable to take responsibility for packages lost in the post. Your statutory rights in relation to Returns and Refunds are not affected.
9.8 All items must be returned via post to:
Longevity Inc Ltd
Corcancee Business Park
The following information should be included with your return:
- Your order number
- A cover note stating the reason for the Return
- Our contact details
Please return the products to us in their original packaging to avoid the items being damaged during the return process. It is your responsibility to ensure that the items reach us in a saleable condition.
10. Online Services, Transactions and Payments
10.1 While using the site, you may access or follow links to a number of online services or transactions. Each of these services may have its own Terms and Conditions or end-user licences that apply only to that service. Users of any service should ensure that they read the relevant terms and conditions.
10.2 We cannot guarantee the availability of any particular service either provided by us or by another organisation.
10.3 When applicable, payments are taken. Any disputes over such payments or fees requested and obtained via the Site must be taken up with the relevant organisation.
11. Links to External Websites
11.1 This website provides links to other third-party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under our control and, by continuing to use this website, the User and/or Customer acknowledges and agrees that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by Us or any association with their operators.
11.2 By using a third-party Website, the User and/or Customer expressly relieves us of any and all liabilities arising out of or in connection with such use.
11.3 The User and/or Customer acknowledges and agrees that we are not responsible for the availability of any third-party sites. Furthermore, we do not endorse any advertising, products or other materials available from any third-party sites.
11.4 The User and/or Customer acknowledges and agrees that we are not liable for any loss or damage which may be incurred by User and/or Customer as a result of the availability of any third-party sites, or as a result of any reliance placed by User and/or Customer on the completeness or accuracy of any advertising, products or other materials available from any third-party sites.
11.5 Websites that we link to may have Terms & Conditions that are different from ours. When using the services of external websites, please be aware that the Terms & Conditions of the other website will apply.
12. Users’ and Customers’ Obligations
12.1 The User and/or Customer shall use the Site and the Customer shall purchase the products on this website in accordance with these Terms & Conditions and the Privacy Notice.
12.2 Each User and/or Customer warrants that any information provided is true and accurate to the best of the User’s and/or Customer’s knowledge.
12.3 By using this Website, the User and/or Customer accepts the terms of Our Privacy Notice.
12.4 The User and/or Customer agrees, warrants and undertakes to us:
12.4.1 Not to use false, inaccurate or misleading information on this website and/or in the placing of the order to purchase the products on the site;
12.4.2 Not to be in breach of any applicable laws or regulations;
12.4.3 Not to cause or act in a manner likely to cause Us to be liable in any way to our Internet Service Provider or other suppliers;
12.4.4 Not to cause the site to be interrupted, damaged or impaired in any way;
12.4.5 To indemnify and keep fully indemnified My Optimal Wellbeing against any and all loss or damage of any kind suffered as a result of the customer’s misuse of the products and this website or any breach or non-observance of these Terms and Conditions; and
12.4.6 That we have absolute discretion in relation to the look and feel and content of this website and we shall have the right to change these Terms and Conditions at any time without notice at its sole discretion.
12.5 In the event that the customer becomes aware of any unauthorised access to the Account, the Customer must notify us immediately by e-mail.
12.6 The Customer will be solely Accountable to My Optimal Wellbeing for all activities taking place in connection with the Account.
12.7 We will not be liable to the customer for any losses incurred by the customer as a result of unauthorised use of the Account. The customer may be liable to us for any losses incurred by us due to such unauthorised use by the Customer.
13. My Optimal Wellbeing’s Obligations
13.1 My Optimal Wellbeing is responsible for supplying the products to the customer with care and professionalism.
13.2 Any changes to these Terms and Conditions shall be communicated to the User and/or Customer via a notice on the site.
13.3 My Optimal Wellbeing shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this website and shall institute security procedures to restrict unauthorised access to this website, data and data files, including any backup material.
13.4 For the avoidance of doubt, My Optimal Wellbeing gives no warranties as to the quality and/or suitability of the products.
13.5 My Optimal Wellbeing shall provide each customer with a unique password for secure access to the Account.
14.1 Whilst My Optimal Wellbeing shall endeavour to ensure that the site is functioning at all material times, We do not warrant that this website will be fully functional at all times. We reserve the right to suspend, restrict, or terminate the site without offering a reason.
14.2 Whilst My Optimal Wellbeing intends to display accurate content on this website, We neither make nor give any representations or warranties, express or implied, about the site or any material, information or hypertext links on the site, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
15. Acceptable Use of the Site
15.1 We grant the User and/or Customer access to and use of the site provided that:
15.1.1 The User and/or Customer does not alter or modify any part of the site including any content,
15.1.2 The User and/or Customer does not access content through any unauthorised means or technology;
15.1.3 The User and/or Customer does not send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trademark, confidence, privacy or any other rights;
15.1.4 The User and/or Customer does not transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to the site or any User or Customer;
15.1.5 The User and/or Customer may not circumvent or attempt to circumvent security measures or try to modify the site content except as expressly permitted.
15.2 We reserve the right to exclude a particular User from service, and/or delete their details if they abuse it (which could include, but is not limited to, hacking, submission of obscenities, fraud or the spreading of computer viruses). We may also make changes to a service without warning which may include the removal of a service at any time.
15.3 In the interests of the users, We will co-operate with investigations by any law enforcement agency or relevant authority into suspected criminal activity or violation of systems or networks.
15.4 The User and/or Customer must not impersonate another person’s identity or misrepresent the User’s and/or Customer’s own identity or affiliation including using another’s personal details, password, account name, e-mail or other such information held as part of the Customer’s Account.
16. Content on the Site
16.1 We own all content on the site including the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like.
16.2 We shall not be liable to any User and/or Customer for any loss or damage which may arise from the use of any of the content contained on the site.
16.3 We will use reasonable endeavours to ensure that content is accurate and up to date, and address any errors or omissions as soon as they are identified:
16.3.1 We cannot guarantee that the content is always accurate and up to date, or that it applies to each individual circumstance.
16.3.2 The content is not intended to be used as a substitute for legal or professional advice.
16.3.3 You should seek any appropriate professional advice relevant to your particular circumstances.
16.3.4 The content is for your private use and informational purposes only.
16.3.5 Reliance on the content or any other information provided by us or any of our employees, agents, authors or others providing content on the site is solely at your own risk.
16.3.6 The site may contain materials that you may find offensive. If you find any of the content offensive, it is at your discretion to continue using the site or not.
16.4 We are not responsible for the websites to which this site is linked, nor for websites which provide a link to this site, and do not assume any affiliation with any other websites unless otherwise stated.
16.5 All images displayed on the site are as accurate as possible and we are not responsible for any discrepancies which may occur. We do not take any responsibility as to the accuracy of the displayed items in terms of the depth of colour and the actual colour of the products, which are outside our control.
17. Intellectual Property
17.1 This website and any and all IPRs are owned by My Optimal Wellbeing save in respect of any IPRs belonging to any licensor, partners, investors, sponsors, the User and/or Customer of the site.
17.2 The User and/or customer acknowledges and agrees that we own all IPRs, right, title and interest in our trademark, content and the site (save where any such IPRs are owned by a licensor of My Optimal Wellbeing).
18. Limitation of Liability
18.1 Nothing in these Terms & Conditions shall exclude or in any way limit our liability for fraud, death or personal injury caused directly by any other party’s negligence, or any other liability to the extent that such liability may not be excluded or limited as a matter of law or their servants, agents or employees. Subject to this:
18.1.1 The maximum aggregate liability of My Optimal Wellbeing in contract, tort (excluding defamation), negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms & Conditions or the performance or observance of its obligations under these Terms & Conditions and every applicable part of them, shall be limited in aggregate to the value of the products purchased by the customer respectively under these Terms & Conditions.
18.1.2 To the fullest extent permitted by law, My Optimal Wellbeing will not be liable for any indirect or consequential loss or damage of any kind (including, without limitation, loss of profits) however caused and whether arising under contract, tort or otherwise.
18.2 Nothing in these terms and conditions shall affect the statutory rights of any customer.
18.3 Under no circumstances shall My Optimal Wellbeing, its officers, directors, employees, or agents be liable for any bugs, Trojan horses, viruses, or the like which may be transmitted to or through this website by any third party.
18.4 The site is made available to the User and/or Customer on an ‘as is’ and ‘as available’ basis without any warranties whatsoever about the nature and accuracy of any content on the site. For the avoidance of doubt, we expressly exclude (to the fullest extent permitted by law) any warranties as to the quality and/or suitability of any of the products on the site, and as to whether they are suitable for a particular purpose. We shall not be liable in any way whatsoever in the event that the User and/or Customer does not deem the content and/or the products to be beneficial, or for non-infringement or any implied warranty arising out of performance, course of dealing or usage of trade.
19.1 The customer agrees to indemnify and keep My Optimal Wellbeing indemnified against any and all losses or liabilities incurred directly by us as a result of any breach or non-observance by the customer of any of these Terms & Conditions and the terms of the Privacy Notice.
19.2 The customer agrees to defend, indemnify and keep indemnified, and hold harmless My Optimal Wellbeing, its officers, directors, employees, and agents from and against any and all claims which may be asserted against My Optimal Wellbeing, including but not limited to any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from the customer’s use of the Site and/or the Products sold through the site.
20. Data Protection
20.1 We will comply with all applicable privacy and data protection laws including the General Data Protection Regulation ((EU 2016/679) (“GDPR”) and any applicable national implementing laws, regulations and secondary legislation in the United Kingdom relating to the data protection for so long as the GDPR is effective in the UK, and any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019, once it becomes law.
20.2 All Person Data (as defined in the GDPR) collected by us about the User and/or the Customer is held as strictly confidential and will be held and used in accordance with the GDPR and the terms of our Privacy Notice. The data we hold will only be shared with third parties in accordance with the terms of our Privacy Notice and as required by law.
21.1 From time to time, it will be necessary for us to contact you using the details which you have provided. We shall do this in the case of sending you confirmatory emails about any order that you have placed with us or with notices about the use of the site.
21.2 We shall not send you any communications relating to the marketing of our site or products without first obtaining your express consent that we are allowed to do this. You will be able to see and change your marketing communications preference at any time.
21.3 Information on how we contact you and information relating to your rights in relation to your personal data can be found in our Privacy Notice.
22.1 These terms and conditions will continue in force until terminated by the customer or us in accordance with Clause 22.2 below.
22.2 In the event that the customer wishes to terminate the legal agreement with us and therefore close the Account, the Customer may do so at any time by notifying Us and closing the Account. The notice should be sent via e-mail
22.3 We may terminate its legal agreement with the User and/or Customer immediately if:
22.3.1 The User and/or Customer breaches any provisions of these terms and conditions and/or the terms of the Privacy Notice;
22.3.2 We are required to do so by law;
22.3.3 We fail to deliver the products to the customer;
22.3.4 We elect to terminate access to the Site to the User and/or Customer situated in the country in which the User and/or Customer is resident or from which the User and/or Customer may wish to access the Site;
22.3.5 The User and/or Customer attempts to harvest personal information found on the Site;
22.3.6 The User and/or Customer uses the site for non-agreed commercial purposes;
22.3.7 The User and/or Customer exhibits any other unreasonable behaviour that threatens the site; or
22.3.8 The customer requests to be de-registered.
22.4 Any termination of these Terms & Conditions (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination, and of Clauses 7.5, 11, 14, 15, 17, 18, 19, 20, 25 and any other Clauses which by their nature are intended to survive, shall survive expiry or termination of these Terms & Conditions.
23. WEBSITE DISCLAIMER
23.1 The Content and/or Products are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
23.2 We will use reasonable endeavours to include accurate and up-to-date content on the site. All Users and Customers agree that they access and use the site at their own risk. Any views expressed by third parties on the site are not necessarily shared by us, who accept no responsibility for such views.
23.3 The health information provided is as accurate and comprehensive as possible but is only general information and should not be used as a substitute for advice received on consulting a health professional.
23.4 When using the site, you may access or follow links to a number of online services or transactions. Each of these services may have its own terms and conditions or end-user licences that apply only to that service. Users of any service should ensure that they read the relevant Terms & Conditions.
23.5 We cannot guarantee the availability of any particular service or products either provided by us or by another organisation.
23.6 We neither makes nor gives any representations or warranties, expressed or implied, about this Site or any material, information, content or hypertext links on this site, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timelines. Any reliance placed on such is at the User’s and/or customer’s own risk.
23.7 Statements made on the site have not been vetted, endorsed or evaluated by any regulatory body.
23.8 We make no representations that the content or the products displayed on the site are appropriate in locations outside the United Kingdom and accessing them from territories where the content is illegal is prohibited. Users and/or Customers of this website who choose to access this website from other locations will be doing so on their own initiative and will be responsible for compliance with domestic laws.
23.9 To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, including but not limited to warranties of fitness for a particular purpose, title and non-infringement. This site is made available to the User and/or Customer ‘as is’ without any warranties whatsoever about the nature, accuracy (either when posted or as a result of the passage of time) of any content on the site.
24. ENTIRE AGREEMENT AND SEVERABILITY
24.1 These Terms & Conditions and the Privacy Notice from time to time constitute the entire understanding between the parties with respect to the subject matter of the site and supersede all prior terms and agreements between the parties relating to it.
24.2 If any clause of these terms and conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User and/or Customer breaches these terms and conditions and we take no action against the User and/or Customer, We will not be considered to have given up our rights to pursue any legal remedy in relation to the alleged or actual breach according to these Terms & Conditions.
25. FORCE MAJEURE
25.1 We shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
25.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disasters;
25.1.2 War, invasion, an act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
25.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
26. Rights of Third Parties
26.1 Notwithstanding any other provision in these Terms & Conditions, a person who is not a party to these Terms & Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms & Conditions. Nothing in these Terms & Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
27.1 The User and/or Customer will not be entitled to assign the benefit of these Terms & Conditions in whole or in part to any party.
28.1 The failure to exercise or delay in exercising a right or remedy under these Terms & Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms & Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms & Conditions are cumulative and not exclusive of any rights or remedies provided by law.
28.2 The invalidity, illegality or unenforceability of any provision of these Terms & Conditions shall not affect or impact the continuation in force of the remainder of these Terms & Conditions.
28.3 Nothing in these Terms & Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.
28.4 Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms & Conditions.
28.5 The parties hereto shall and shall use their respective reasonable endeavours to procure, so far as they are able, that any necessary third parties shall execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require, by notice in writing to the other, to carry the provisions of these Terms & Conditions into effect.
29.1 These Terms & Conditions and our Privacy Notice shall be governed by the laws of Scotland and the User and/or Customer agrees to submit to the exclusive jurisdiction of the Scottish courts. The User and/or Customer accepts that nothing in this Clause shall prevent us from seeking and enforcing any injunctive relief in any country where the site is accessible to prevent any infringement of any laws or rules in such countries.
30. How to Contact Us
30.1 If you are a Customer:
Should you wish to cancel a contract between us, you must inform us of your wish to do so. You should do this via our contact page or by email. Or you can contact out Customer Services team by post at:
My Optimal Wellbeing Customer Service Team
168 Bath Street
Should you wish to contact us, you should include details of your customer order to help us identify your order.
If you send us a customer cancellation notice by email, on-site for or by post, the cancellation is effective from the date on which the customer sends us the e-mail, for completion or posts the letter to us.
If we have to contact the customer or give any notice in writing, we will do so by email or pre-paid post to the address the customer provides when placing their order on the site.
These Terms and Conditions were last updated July 2018.