Legal

END-USER LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE USING WWW.WELLHELLOKATIE.COM (the “Website”) operated by KKG Wellbeing Ltd T/A Well, Hello Katie!™ (“us”, “we”, or “our”).

Your access to and use of the “Website” is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, and others who access or use the “Website”.

By accessing or using the “Website” or subscribing to membership of the “Website” which includes the services accessible through the “Website” (Services), (this includes its community channels to include all social media, newsletter campaigns, and third party webinar platform), you are agreeing to the terms of this Agreement.

If you do not accept the terms of this Agreement, please do not continue to use the Website or subscribe to its membership.

  1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

KKG Wellbeing Limited of 2 Station Road, Ballincollig, Cork, Ireland, P31 C799, licenses you to use the “Website” and any updates or supplements to it together with its community channels, as permitted in these terms. Users of the Website can purchase a subscription service (Service) as detailed below.

  1. DISCLAIMER

The advice and information provided on the “Website” is for informational purposes only and should not be considered healthcare advice or medical diagnosis, treatment, medication, or remedy. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.

  1. YOUR PRIVACY

We only use any personal data we collect through your use of the “Website” in the ways set out in our privacy policy available here.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the “Website” may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. SUPPORT FOR THE WEBSITE AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the “Website” or the Service or have any problems using them please contact us at admin@wellhellokatie.com.

Contacting us (including with complaints). If you think the “Website” or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at admin@wellhellokatie.com.

How we will communicate with you. If we have to contact you, we will do so by email, using the contact details you have provided to us.

  1. ELIGIBILITY

You do not have the authority to use this “Website” unless the following conditions are true:

  • You are 18 years of age, or over;
  • You agree to comply with this Agreement and all applicable local, state, federal, national, and international laws, rules and regulations;
  • You agree to comply with the Community Guidelines.
  1. COMMUNITY GUIDELINES AND ACCEPTABLE USE RESTRICTIONS

Our goal is to allow users to connect with each other, so long as it does not offend others. All users are held to the same standard. The purpose of these Community Guidelines is to keep our users safe. If you breach these Community Guidelines, or the terms of this Agreement, you will be banned from the “Website”.

By using the “Website” you agree to comply with our Community Guidelines as follows:

  • Not engage in behaviour that is contrary to these standards, and our expectations of behaviour on the “Website”;
  • Not engage in any harassment, violence, or harm of other users, or in any hate speech;
  • Not attempt to obtain other users’ private information for fraudulent or illegal activity;
  • not use the “Website” or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the “Website”, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the “Website” or any Service (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the “Website” or any Service;
  • not use the “Website” or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

To report breaches of the Community Guidelines, please contact us at admin@wellhellokatie.com

  1. SUBSCRIPTION SERVICES
  1. 1 By purchasing a subscription service, users can enjoy exclusive content on the “Website” The subscription service can be purchased through the “Website”, where the payment is processed on behalf of KKG Wellbeing Limited.
  1. 2 The subscription fee is determined by us and is subject to change at any time at our sole discretion.
  1. 3 In order to purchase a subscription service users need to provide valid credit card/debit card information, and by providing this information, users authorise the “Website” to bill all fees, charges and applicable taxes through their account as and when they become due. The user will be billed in Euro. Exchange settlements will be determined by agreements between the user and their credit card/debit card issuer. If the “Website” does not receive payment from the credit card/debit card issuer, the user agrees to pay all amounts due on their account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes, the user will be in default and we reserve the right to suspend the user’s account and access the subscription service without notice.
  1. 4 A monthly subscription service which will continue month to month. The monthly subscription fee will be billed to your payment method, each month, on the calendar day corresponding to your initial subscription, unless and until you cancel your subscription, or it is terminated by us.
  1. 5 An annual subscription service, which will continue from one year to the next year. This annual subscription service will be billed to your preferred payment method, on an annual basis, on the calendar day corresponding to your initial subscription, unless and until you cancel your subscription, or it is terminated by us.
  1. 6For clauses 7.4 to 7.5.  In the event that there is no exact corresponding calendar day in a particular month or year we will bill your payment method on the nearest possible corresponding calendar day.
  1.  7 You can cancel your subscription at any time. To cancel your subscription, you need to send an email to accounts@wellhellokatie.com at least ten days in advance of your monthly (in the case of a monthly subscription) or annual (in the case of an annual subscription) billing date.
  1. 8 If you choose to cancel your subscription you will still be able to avail of the Service until the end of the subscription period.
  1. CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

  1. UPDATE TO THE “WEBSITE” AND CHANGES TO THE SERVICE

From time to time, we may automatically update the “Website” and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

  1. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the “Website”, you agree to us collecting and using technical information about the devices you use the “Website” on and related software, hardware and peripherals to improve our products and to provide to you.

  1. WE MAY COLLECT LOCATION DATA

We may make use of location data sent from your devices. If you use the “Website”, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

  1. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The “Website” may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  1. LICENCE RESTRICTIONS

You agree that you will:

  • except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the “Website” in any form, in whole or in part to any person without prior written consent from us;
  • not copy the “Website” except as part of the normal use of the “Website” or where it is necessary for the purpose of back-up or operational security;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the “Website”.
  1. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the “Website”, throughout the world belong to us and the rights in the “Website” are licensed (not sold) to you. You have no intellectual property rights in, or to, the “Website”, other than the right to use them in accordance with these terms.

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will KKG Wellbeing Limited, its affiliates, employees, licensors or service provides be liable for any indirect, consequential damages without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible loss resulting from:

  • your access to or use of, or inability to use or access the “Website”;
  • the conduct or content of other users or third parties on, through, or following the use of the “Website”; or
  • unauthorised access, use or alteration of your content;
  • breaches of the Community Guidelines.
  1. INDEMNITY

By accepting the terms of this Agreement, you agree to fully indemnify us for any losses arising out of your use of the “Website”, any content you publish, or if you violate this Agreement.

  1. DISCLAIMER

We take no responsibility for any content that you or another user, or third party posts, sends or receives through the “Website”. Any material downloaded or otherwise obtained through the use of the “Website” is accessed at your own discretion and risk.

  1. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  1. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

  1. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these 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.

  1. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  1. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.

  1. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the Competition and Consumer Protection Commission at their website or to the European Consumer Centre Ireland at their website. If you are not satisfied with the outcome, you can still bring legal proceedings.