Please Read These Terms Of Service
These Terms of Service apply when you use or access our website or any of our Services such as our Events, Distance Healing or online resources.
TERMS OF SERVICE OVERVIEW
10. RIGHTS OF SELLER
11. AGE OF CONSENT
15. DATA PROTECTION
1.2 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you confirm that you have read, understood and accept the Terms and that you agree to comply with them. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.3 This website is operated by shelleyosman.com, Shelley Osman ~The Connection Way ® and this website is offered, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Our website is hosted on wix.com. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2. PURPOSE OF THESE TERMS AND CONDITIONS
2.1. The purpose of these Terms and Conditions is to establish the general terms and conditions applicable to services and/or goods to be rendered or supplied by the Company to the Client.
2.2. The parties shall enter into one or more Service Agreements (as defined below) describing the responsibilities and obligations specific to the applicable services.
3. DEFINITIONS & INTERPRETATIONS
In these Conditions, and any Contract (as defined below), the following definitions shall apply unless the context requires otherwise.
“Admin Team” means, Shelley Osman’s authorised team of assistants or ‘Hearterteers’
“Authorised Representative” means, in respect of each party, the person identified as such in the Quotation Form or the Order Form, or such other person as may be notified in writing by a party from time to time to the other party.
“Authority” means Shelley Osman ~The Connection Way ® or any other relevant regulating authority which has the right to frame Guidelines for the Services.
“Booking” means any booking you make through the Website or by contacting Shelley Osman ~The Connection Way ® or the admin team to make a booking for any of the Services provided.
“Contract” means the legally binding contract between the Company and the Client for the supply of Services and/or Goods in accordance with these Conditions comprising these Conditions, an Order Form and the Service Agreement(s) describing the responsibilities and obligations specific to the applicable Services, and including for the avoidance of doubt contracts formed via the Customer’s submission of a request for Services via the Company’s online portal, or via email or via other means accepted by the Company, and the Company’s acceptance of the same.
“Customer” means the entity identified as such in the Order Form;
“Fees” means the fees payable by the customer for the supply of Services as set out in the Order Form and/or the relevant Service Agreement.
“Guidelines” means any guidelines, rules or regulations made by any Authority that are applicable to the Services.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Order Form” means the Client’s order for the Services and/or the Goods as set out in an order form (in the Company’s prescribed form) completed by the Client or the Client’s written acceptance of a Quotation Form, as the case may be. “Order Form” shall be deemed to include the Client’s order for Services and/or Goods placed by the Client via the Company’s online portal (where the Client is permitted to order or provision services by this means).
“Services” means the services, including the Deliverables, supplied by the Company to the Client as set out in the Order Form
“Service Agreement” means the written agreement which describes or specifies the Services and contains additional terms particular to those Services.
"User" means a person accessing and browsing the website; a person accessing services and products from the company.
“We”, “us” and “our”, refer to shelleyosman.com, Shelley Osman ~The Connection Way ® , shelleyosman.com.
“Website” means our website www.shelleyosman.com on which the Products and Services are advertised.
The following rules of interpretation shall apply in these Conditions (and any Contract made under or incorporating them):
3.2.1. condition, clause and paragraph headings are for ease of reference only and shall not affect interpretation;
3.2.2. a reference to a condition is to a condition of these Conditions;
3.2.3. words in the plural shall include the singular and likewise the other way around;
3.2.4. a reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it;
3.2.5. if there is a conflict between these Conditions and the terms of a Service Agreement or other documents applicable to the Contract, the following order of precedence shall apply and the document higher in the order of precedence shall prevail in respect of such conflict:
a) Order Form;
b) Service Agreement;
c) these Conditions.
3.2.6. where the words include(s), including or in particular are used in this agreement, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them; and
3.2.7. any obligation in the Contract on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
4.1. These Terms and Conditions will apply to the booking and subsequent purchase of any of the described Connection Services by you (the Customer or you). We are Shelley Osman ~The Connection Way ® with the email address email@example.com; (the Supplier or us or we).
4.2. These are the terms on which we offer all Connection Services to you. Before making a service booking which can be accessed through the Website or by contacting the team directly via email firstname.lastname@example.org and by providing your personal details, at this point this will constitute an acceptance that you wish to go ahead with the booking. You can only purchase our Services if you are eligible to enter into a contract and are at least 18 years old.
4.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. BASIS OF SALE
5.1 The description of any of the services on our website does not constitute a contractual offer to sell the services. When a booking has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2 The booking process is set out on the Website. Each step allows you to check and amend any errors before submitting the booking. It is your responsibility to check that you have used the booking process correctly.
5.3 Contract will be formed for any of the services booked only when you receive an email from us confirming the booking (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the booking placed by you. By placing a booking, you agree to receive the Contract by means of an email with all information in it (i.e. the Booking Confirmation).
5.4 You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than the booking supplied under the Contract, and before performance begins of any of the services.
5.5 You will be asked via email to complete a health questionnaire when you book a service or join a Connection Way Healing Connection plan, this must be completed for us to enter into a contract with you.
5.6 Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
5.7 No variation of the Contract, whether about description of any of the services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
5.8 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
5.9 Non Transferable. Your site membership and the right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
6. Ordering Goods
6.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these
Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
6.2 We reserve the right to substitute out of stock items with similar unless otherwise stated.
6.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are clearly sign posted.
6.4 We do not offer goods on sale or return
6.5 How to successfully place your order:
Add products, review your shopping cart and proceed to checkout.
Enter your shipping address and ensure you add a mobile phone number.
Choose your payment method and agree to our T&C's
Your order has now been successfully placed. You'll receive an email confirmation from us at email@example.com
7. Price and Payment
7.1 The price of the Goods shall be that stipulated on the Website. The price is exclusive of United Kingdom VAT. The price excludes delivery charges.
7.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyers shopping cart prior to confirming the order.
7.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
7.4 Payment of the price, plus VAT and delivery charges where appropriate, must be made in full before dispatch of the Goods.
7.5 All dimensions and weights are approximate.
7.6 Some items are SOLD IN quantities of; this is a minimum quantity that the item is sold in.
7.7 We only accept payment in pounds sterling. We no longer accept cheques as payment for goods.
7.8 Where payment is made by bank transfer, goods will be dispatched when the funds have cleared. Overseas clients must pay all bank charges in full before goods will be dispatched.
8.1 Shipping and Handling:
All orders for goods that are in stock, placed on Shelley Osman ~ The Connection Way ® shop we will do our best to ensure that we will dispatch goods on Monday’s, Thursday’s and occasionally Friday’s after the order is completed via Royal Mail delivery, but in any event, we will ensure that goods will be dispatched within 7 days. We don’t ship on Weekends or UK public holidays.
Our dispatch time might be slightly longer during peak times such as around Christmas and in light of the current Covid-19 pandemic, and with the likely disruptions to postal systems as a result, we make no guarantee that your order will arrive in the specified time. We would ask our customers to inform themselves of any postal delays that may exist in their local area before making a purchase and exercise a reasonable amount of patience in this challenging time. Please note that we are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Delivery of the Goods shall be made to the Buyers address specified in the order, the customer is responsible to provide the correct delivery address. The Shelley Osman ~ The Connection Way ® shop will not be responsible for items that are undeliverable, the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The delivery will be attempted twice, failure to receive the goods on both attempts will result in the goods being returned to the Seller. Re-delivery will be at the Buyers expense.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Payment for goods not in stock or damaged at time of picking will be returned in the form of a credit note to be used against the next order. If this value is £20 + then a refund by the original payment method can be requested.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Please note we do not offer drop shipping: Drop shipping is a system where you make a sale, say from your website, and then you give us the details of your customer and we send the goods directly to them.
8.2 International Orders:
8.2.1 We are not currently offering international orders. If we decide to start offering this option, orders will be shipped using tracking via Royal Mail. We generally process international orders within 7 (seven) days after you place your order. Additional shipping time will vary depending on your location, and may take several days to several weeks.
The customer is responsible for all local import fees and duties associated with the order and to know the applicable laws governing imports in the delivery country. The Shelley Osman ~ The Connection Way ® shop is not responsible for any taxes, fees, delays or non-delivery of goods due to import bans and restrictions.
8.2.2 Shipping Costs:
The shipping costs are calculated according to the weight of the shipment and the destination. You will be able to consult the shipping costs during the ordering process. Items can be delivered by Royal Mail standard delivery and Royal Mail Signed for delivery.
8.2.3 Downloadable Items:
If you purchase content in electronic form which is downloadable (“downloadable item”), the link will be sent automatically to the provided email address. If you have not received the link shortly after you have received confirmation of purchase, please check the spam folder.
The purchase of a downloadable item is for one customer only. Please do not share the link provided with third parties.
It is the customer’s responsibility to enter the correct email address.
Please make sure that you download your purchase within a 2 (two) hour time frame.
8.3 Backorder goods that are out of stock:
Currently we do not offer a back order service. Any items that are currently out of stock will state out of stock, please email firstname.lastname@example.org with the item you wish to order and we will notify you when an item becomes available again.
8.4 Risk and Title
Risk of damage or loss incurred by you for any of the Connection Way products provided will pass to you when they are delivered to you.
9 CANCELLATIONS, RETURNS & REFUNDS
9.1 Cancellation Of Goods:
You have the right to cancel at any time from the moment you place your online shop order, and up to 14 days from the day you receive your goods. This is sometimes referred to as a ‘cooling-off period’. You then have a further 14 days from the date you notify us of your cancellation to return the goods.
You need to notify Shelley Osman ~ The Connection Way ® if you wish to cancel your order within this time period – by email to email@example.com.
9.2.1 Before you return the goods, please contact the Shelley Osman ~ The Connection Way ® shop at firstname.lastname@example.org, indicating the order number and your contact details. After contacting us and receiving confirmation, please return the goods by registered mail to the return address found on the invoice.
The returned goods must not be used, should be in the original packaging, and accompanied by the purchase receipt/invoice or a copy of the purchase receipt/invoice. Shipping costs, packing charges, credit card and other third party charges are non-refundable.
9.2.2 Conditions of return:
It is the responsibility of the customer to ensure the safe return of the Goods to the Seller and goods must be returned by the customer at the customer’s expense and should be adequately insured during the return journey.
On return of the Goods, they shall be inspected by the Seller within 10 working days. If the goods are in resalable condition, the Buyer shall be entitled to a full refund minus 25% restocking charge.
Where goods are returned which are not faulty/damaged and where the original packaging has been opened/removed these goods will not be liable for a refund as the goods must be returned in a fully resalable condition.
If the customer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
If the item is not returned in its original condition, the buyer is responsible for any loss in value.
9.2.3 Return Exceptions:
The following goods do not qualify for return and shall not be refunded in case you cancel the order:
Any returned items that are found to be defective with signs of usage or that have a damaged packaging,
CDs unless they are faulty, in which case it will be your responsibility to provide us with clear photographic evidence within 24 hours upon delivery arrival,
Candles - Please read the specific returns policy for the candles here
9.3 Damaged goods:
We strive to ensure all your purchases reach you in perfect condition. If you receive a delivery and the item is damaged please refuse the delivery.
In the unlikely event that you receive a faulty item, you may return this item to us in accordance with your statutory rights. We will refund the full purchase price including postage and packaging of an item which is delivered in a damaged or faulty condition or which develops a fault within 30 days from delivery (other than due to normal wear and tear, failure to follow instructions or misuse).
Alternatively, at your option, we will replace the item with the same or similar product (subject to stock availability).
The buyer shall inspect the goods immediately upon receipt and if a product is damaged or faulty, shall contact us at once via email to email@example.com or no later than 7 working days of receipt, or of the fault developing, making sure to send a photograph clearly showing the damage or defect.
Please allow 30 days from receipt by us of your item to be inspected and for your refund to be processed or replacement item dispatched.
We reserve the right to refuse to issue a refund/replacement and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to wear and tear. This does not affect your statutory rights.
However, at our discretion, returns may be accepted, a reasonable fee being charged to the customer for the impairment.
Please note due to the nature of our gemstones and minerals which have natural flaws and inclusions, these are not classed as faulty and damaged goods.
9.4.1 Regarding all services on shelleyosman.com site, Shelley Osman ~The Connection Way ® all teachings and services offered by Shelley Osman; there shall be no refunds for any unused time portion of the most recent month’s Healing Connection Plan. You acknowledge and agree that in the event of any dispute over the date of a cancellation, the Shelley Osman and Shelley Osman ~The Connection Way ® shall not be liable for any charge greater than the most recent month’s plan fee or a pro-rata portion of a multiple-month plan fee.
9.4.2 If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase. You may request a refund by contacting us at: firstname.lastname@example.org
Connection Call or Zoom Call or 1-2-1 Healing Connection Appointments:
If you wish to cancel a pre-booked telephone Connection call, Zoom call or 1-2-1 Healing Connection with Shelley the cancellation policy below will apply:
When cancelling your appointment 72 hours before the selected date you will receive a full refund, minus the transaction fee such as Paypal or Stripe.
If you miss your appointment or cancel it with less than 72 hours’ notice your appointment will be non-refundable.
No shows for your appointment are charged 100% of the fee.
No credit or refund is available if you cancel on the day; if you do not show up; or if you leave a call early for any reason. No refund will be given after the session has taken place. No refund will be available if you attend and are dissatisfied with its presentation or content.
If you wish to reschedule your appointment:
We understand that unplanned situations can arise, and you may need to reschedule your appointment, but due to re-organisation time of the booking calendar for the admin team, we only allow one opportunity to reschedule once per person. If that happens, we respectfully ask for 72 hours’ notice.
Appointments with Shelley have set duration times, please stick to these times and do not go over the set and paid for times, otherwise a fee of £2.00 per minute will be charged. Please note there will be other people waiting for their appointments, so going over time keeps others waiting and ruins the schedule.
10. Rights of Seller
10.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
10.2 The Seller reserves the right to withdraw any goods from the Website at any time.
10.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
11 Age of Consent
11.1 Goods may only be purchased by persons age 18 or over.
11.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
12. CHANGES TO TERMS OF SERVICE
Any New features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes as acceptance of those changes.
13.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the Website. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
14.2 Children’s Privacy
We are committed to protecting the privacy of children and young adults. The Shelley Osman ~ The Connection Way ® website is not intended for users under the age of sixteen (16), and we do not knowingly collect personally identifiable information from users under the age of (16). Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Shelley Osman ~ The Connection Way ® website for which registration is required, such as any Healing Connection plan, any community forums; any information submitted by such users will not knowingly be used, posted, or retained by us.
Only adults aged eighteen (18) years or over can enter into a contract. If you are below the age of 18 years of age, please obtain the permission of your parent or guardian before using our Site. You may browse the site but may not enter into a contract.
14.3 Your Accounts Privacy
If you use the Shelley Osman ~ The Connection Way ® website and create a personal login for any community forum or purchasing, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. The Shelley Osman ~ The Connection Way ® website does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. The Shelley Osman ~ The Connection Way ® website and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
15. DATA PROTECTION
15.1 For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
15.2 We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
15.3 We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
Where you supply Personal Data to us, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
e. Personal information will not be sold to third parties, or provided to direct marketing companies or other such organisations. Personal data may only be shared with third parties if it is absolutely necessary for processing your order
15.4 For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com
16. OWNERSHIP, COPYRIGHT AND TRADEMARKS
THIS IS THE PROPERTY OF SHELLEY OSMAN, SHELLEYOSMAN.COM AND SHELLEY OSMAN ~ THE CONNECTION WAY ®
16.2.1 Copyright notice/ Trademark
Summary: Unless otherwise expressly noted, all content and materials, without limitation, all images, illustrations, designs, icons, photographs, logos, software, video clips, and written and other materials that are part of shelleyosman.com, Shelley Osman ~The Connection Way ® including, without limitation, the Services, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Company.
16.2.2 This Website, its layout, as well as all materials, in any format, including audio, video, audio-video, photographs and graphical images that are made public throughout the Website (“Content”) is copyrighted or protected by other intellectual property rights such as trademarks.
16.2.3 All the copyright and other intellectual property rights on our Website are reserved. Your use of the Content does not assign you nor grant you any rights whatsoever. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the Web site and you agree that any copy made shall include the shelleyosman.com, Shelley Osman ~The Connection Way ® or any third party provider’s copyright notice or any other notice included therein. No other permission is granted to you from the previous sentence. shelleyosman.com and others are our service marks or registered service marks or trademarks.
16.2.4. You may only use the Website for your own personal use. In particular, the Content cannot be used without prior written consent of shelleyosman.com, Shelley Osman ~The Connection Way ® for commercial purposes (for example, for resale to others, in its original form, or any altered form and on any platform or in any media format, etc) and/or for non-commercial personal collective projects (such as, but not limited to, Facebook fan/group pages, Youtube channels, etc).
In particular, you may:
a) view pages from the Website in a web browser;
b) download pages from the Website for caching in a web browser;
c) view pages from the Website in a web
d) download pages from the Website for caching in a web browser;
e) print pages from the Website;
f) stream audio and video files from the Website;
g) download audio and video files, photos as well as other files if the Website makes such files available for download; and
h) share Content only when that is specifically allowed by means of “share” icons at the bottom of Website pages.
16.2.5. You agree to use this Website in good faith, for legal, respectful and generally trustworthy purposes.
a) do not republish our Content (in full or in part on other websites, or on platforms such as Facebook or You tube) if that is not specifically permitted by means of a “share” icon on the respective page of the Website. In case such an option is not provided for you have to ask for written permission from shelleyosman.com, Shelley Osman ~The Connection Way ®
b) do not sell, rent or sub-license our Content;
c) do not show any material from the Website in public events without prior written permission of shelleyosman.com, Shelley Osman ~The Connection Way ®
d) not reproduce, duplicate or exploit our Content, in full or in part, in original or altered form, without prior written permission of Shelley Osman ~The Connection Way ®
e) do not edit or otherwise modify our Content;
f) do not use the Website in any way that may damage the Website or its accessibility to the public (including but not limited to sending computer viruses or other malicious computer software);
g) do not conduct any systematic or automated data collection activities including but not limited to data mining and data extraction on the Website;
h) do not send unsolicited commercial communications based on the information gathered on the Website;
i) ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading.
16.2.6 We reserve the right to restrict access to areas of our Website, or indeed to our whole Website, at our discretion; do not circumvent or bypass, or attempt to circumvent or bypass any access restriction measures on our Website
16.2.7 Other product and company names mentioned on the Site may be trademarks of their respective owners. You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorisation. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling or otherwise.
16.2.8 Further, you may not use the Site in a manner that violates any state or governing UK law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the UK Law.
The Shelley Osman ~ The Connection Way ® website graphics, logo, page headers, button icons, text, scripts, audios, videos and service names are trademarks, registered trademarks or trade dress of the Shelley Osman ~ The Connection Way ® website.
The Shelley Osman ~ The Connection Way ® website trademarks and trade dress may not be used in connection with any product or service that is not the Shelley Osman ~ The Connection Way ® website, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Shelley Osman ~ The Connection Way ® website. All other trademarks not owned by the Shelley Osman ~ The Connection Way ® website that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Shelley Osman ~ The Connection Way ® website or its affiliates.
16.4 LICENSE AND SITE ACCESS
16.4.1 The Shelley Osman ~ The Connection Way ® website grants you a limited license to access and use of this site for your personal use only (NOT commercial use). You will understand that you are prohibited from downloading (other than page caching) or modifying it, or any portion of it, except with express written consent of Shelley Osman ~ The Connection Way ®. This license does not include any resale or commercial use of this site or its contents; You may NOT use the Shelley Osman ~ The Connection Way ® website, logo or other proprietary graphic or trademark as part of the link without express written permission.
16.4.2 MUSIC LICENSING
All copyright Laws have been adhered to when creating Shelley Osman’s website and any of its content".
16.5 Text and Photos
16.5.1 Text: We currently and kindly ask that you do not copy descriptive text from www.shelleyosman.com unless this text is text from the blurb on the back of a book or something transcribed from the product itself. All text is the property and copyright of www.shelleyosman.com, Shelley Osman ~ The Connection Way ®
16.5.2 Photographs: We ask that you use your own photos on your own website. All photography, artwork and design is the property and copyright of www.shelleyosman.com, Shelley Osman~ The Connection Way ®
The photos you take are part of the character of your website.
16.6 A Word on Duplicate Content & Toxic Links
Since 2012, after the Panda update, Google has started to penalize websites with duplicate content. Similarly, with the Penguin update they started penalizing unnatural linking strategies.
Google has started to penalize websites that use the same text as another website. This is duplicate content, they see it as 'not original' and you may get penalized.
Any dispute, claim or controversy arising out of or relating to this Agreement of Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in the UK, before one (1) arbitrator.
Disputes arising from this contract of Terms & Conditions shall be settled in the UK in accordance with British law and by arbitration in accordance with the rules for Expedited Arbitrations of the Arbitration Institute of the UK Chamber of Commerce.
The arbitration will be conducted in private and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
18. TERMINATION AND SUSPENSION
18.1 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
18.2 We may terminate or suspend your Healing Connection plan, your access to all or part of the Site and/or your use of the Services, without notice and for any reason, including, but not limited to, for violation of these Terms and Conditions or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests or to the ethics of shelleyosman.com, another customer of the Site or any third party.
18.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
18.4 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. LIMITATIONS OF LIABILITY
19.1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying any of the Services wholly or mainly for your business, trade, craft or profession.
19.2 In no case shall Shelleyosman.com, Shelley Osman ~The Connection Way ®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19.3 The Company shall have no liability to the Customer in respect of any fraud perpetrated by the Customer and/or its Users, or any third party, however occurring (save for any fraud perpetrated by the Company).
19.4. The Client shall be responsible for ensuring that the Services which it orders are suitable for its requirements. The Company shall not be liable for any losses suffered or costs incurred as a result of Services not meeting the Client's or Users' requirements.
19.5 The Company shall not be liable for the consequences of any incorrect information the Client or its Users supplies to the Company in relation to the provision of the Services.
19.6 The Customer acknowledges and accepts that the Company's directors, employees, agents, sub-contractors, licensors, and suppliers (including its Service Providers) shall have the benefit of the limits and exclusions of liability set out in this condition 16 and any other exclusions or limitations of liability under the Contract.
19.7 By using The Connection Way teaching tools; audios, videos, CDs, mp4s, you agree to assume all risks and waive any claims against Shelleyosman.com, Shelley Osman ~The Connection Way ® for any mental or physical injuries. The user also agrees to assume liabilities when allowing other persons access to Shelleyosman.com, Shelley Osman ~The Connection Way ® products and The Connection Way teaching tools
20.1 ENTERING INTO CONTRACT
Only adults aged eighteen (18) years or over can enter into a contract. If you are below the age of 18 years of age, please obtain the permission of your parent or guardian before using our Site. You may browse the site but may not enter into a contract.
20.2 Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Acceptance of terms
By placing an order with www.shelleyosman.com you are agreeing to be bound by our terms and conditions.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
20.4 Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations
20.5 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
20.5.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
20.5.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
20.6 ERRORS, INACCURACIES AND OMISSIONS
20.6.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
20.6.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
20.7 MODIFICATIONS TO THE SERVICE AND PRICES
20.7.1 Prices for our services are subject to change without notice.
20.7.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
20.7.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
20.8 ACCURACY OF BILLING AND ACCOUNT INFORMATION
20.8.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
20.8.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
20.9 OPTIONAL TOOLS
20.9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
20.9.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
20.9.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
20.9.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
20.10 THIRD-PARTY LINKS
20.10.1 Certain content, products and services available via our Service may include materials from third-parties.
20.10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
20.10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
20.11 EXTERNAL LINKS DISCLAIMER
20.11.1 This website routinely contains links to external, third party websites. By providing links to other sites, the Shelley Osman ~ The Connection Way ® website does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Shelley Osman ~ The Connection Way® website.
20.11.2 This website does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
20.11.3 Visitors to the Shelley Osman ~ The Connection Way ® website assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster at firstname.lastname@example.org
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.13. Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
20.14 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20.15 Governing law, jurisdiction and complaints
20.15.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws. Shelley Osman ~ The Connection Way ®
PO BOX 68, Grange Over Sands, LA11 9AX
20.15.2 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
20.15.3 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
20.15.4 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
21. HOW TO CONTACT the Shelley Osman ~ The Connection Way ® website
Please email email@example.com with any questions or concerns regarding privacy or any policy contained herein.