TERMS OF SERVICE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A CONTRACT, BY USING THIS SITE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
The following agreement (the “Agreement”) contains the terms and conditions that govern your use of the Website(s) and our Service(s) (as defined below). This Agreement describes your rights and responsibilities, as well as what you can expect from the Website(s) and our Service(s).
If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained on the Website.
BY PURCHASING FROM WWW.KALINAALLEN.CO.UK OR FROM ANY OTHER PLATFORM USED BY SOLE TRADER KALINA ALLEN TO SELL HER SERVICES OR PRODUCTS (SUCH AS MEMBERVAULT), YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.
This website is operated by sole trader Kalina Allen. Throughout the site, the terms “we”, “us”, and “our” refer to sole trader Kalina Allen. Sole trader Kalina Allen offers this website, 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, and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your participation. Your express consent or continued use of the Website or our Services following posting of a change notice or new Agreement on the Website will constitute binding acceptance of the changes. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Use of kalinaallen.co.uk, including all materials presented herein and all online services provided by sole trader Kalina Allen, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Any new products, resources, features, or tools which are added to the current store shall also be subject to the Terms. 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 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 acceptance of those changes.
ONLINE STORE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
Due to the digital nature of our products, we generally do not offer refunds after purchase.
Sole trader Kalina Allen and kalinaallen.co.uk (“We”) reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, 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. 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.
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to sole trader Kalina Allen will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services, products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by Kalina Allen, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Kalina Allen, Brave Female Entrepreneurs and Kalina Allen’s Elevate Your Brand name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SOLE TRADER KALINA ALLEN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SOLE TRADER KALINA ALLEN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SOLE TRADER KALINA ALLEN’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM SOLE TRADER KALINA ALLEN AND/OR KALINAALLEN.CO.UK AND IF NO PURCHASE HAS BEEN MADE BY YOU, SOLE TRADER KALINA ALLEN’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED £100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
CHANGES TO POSTED TERMS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This Agreement constitutes the entire agreement between you and sole trader Kalina Allen pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by sole trader Kalina Allen shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by sole trader Kalina Allen.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
e-mail address: email@example.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the United Kingdom as applied to contracts that are executed and performed entirely in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Birmingham Crown Court, United Kingdom. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
If you have questions or concerns regarding this Agreement, you should contact us by e-mailing firstname.lastname@example.org and writing “Agreement” in the subject line.
This agreement was last updated on 30/09/2020.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM. ALL DISCLOSURES AND DISCLAIMERS MADE HEREIN OR ON OUR SITE, APPLY EQUALLY TO ANY OFFERS, PRIZES, OR INCENTIVES, THAT MAY BE MADE BY OUR COMPANY.
YOU AGREE THAT SOLE TRADER KALINA ALLEN IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY SOLE TRADER KALINA ALLEN, OR KALINA ALLEN’S PRODUCTS OR SERVICES.