PRIVACY POLICY

The Health Palette Terms and Conditions

Last Updated 18th September 2022

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The Health Palette is published by The Health Palette LTD.

 

The Terms and Conditions (“Terms,” “Terms of Use, or “Terms of Service”) govern the use of all Services from The Health Palette. Please read carefully these Terms and ensure you understand them prior to using this Service. By accessing any part of our Service, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree with these Terms and Conditions, please do not use the Service.

 

Any new features or tools which are added to the current Service shall also be subject to these 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 of Service by posting updates and/or changes to our website at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

 

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SECTION 1 - INTRODUCTION

 

This Service is owned and operated by The Health Palette LTD, a company registered in England and Wales with company number 14360251 with its registered and trading address at 86-90 Paul Street, London, England, UK, EC2A 4NE. You can contact us at info@thehealthpalette.com.

 

Where we refer to “The Health Palette LTD,” “The Health Palette,”  "The Health Palette Magazine," “we,” “us,” “our” and “our platforms” we mean The Health Palette, The Health Palette Magazine, its groups companies and assigns and each of our and their respective officers, directors, members, employees, sub-contractors, agents, and representatives. 

 

Where we use the term “Service,” we mean any website, mobile site, application, magazine or other service, regardless of how it is distributed, transmitted, published or broadcast and any related pages and Content that is under our control.

 

Where we refer to “Content,” we mean all content, information and material, including software, technology, text, links, posts, messages, emails, music, sound, graphics, design, pictures, videos, games and all audio visual or other material available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties.

 

The use of the terms “you” or “your,” refers to you the user(s) or viewer of this Service.

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SECTION 2 - GENERAL CONDITIONS

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We reserve the right to refuse service to anyone for any reason at any time.

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You understand that your content (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. Credit card information is always encrypted during transfer over networks.

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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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SECTION 3 - ONLINE STORE TERMS

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You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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You must not transmit any worms or viruses or any code of a destructive nature.

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A breach or violation of any of the Terms will result in an immediate termination of your Services.
 

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SECTION 4 – AGE LIMIT

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You must be at least 18 years old to use this Service.

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SECTION 5 – USE OF SERVICE BY YOU

 

You may access and display Content from this Service on a computer screen, laptop, tablet or mobile device (“Device”) and print individual pages on paper, for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use (where The Health Palette or its licensors must be stated as the owner of the Content) and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

Notwithstanding anything else in these terms and conditions, you agree not to use the Services:

• In any way that breaches any applicable local, national or international law or regulation;

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·for the purpose of harming or attempting to harm minors in any way;

·to send, knowingly receive, upload, submit download, use or re-use any material which does not comply with our Acceptable Content Policy below;

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

• To upload, transmit or send (or attempt to upload, transmit or send) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

·to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise

• Make improper use of our support services or submit false reports of abuse or misconduct.

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Other than connecting to The Health Palette LTD’s servers by HTTP requests using a web browser or mobile application, you may not attempt to gain access to The Health Palette LTD’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

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You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service.

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To the extent the Service includes any download of software such as an app, you agree not to (and not to attempt to or encourage others to): (i) use the software or app for any use or purpose other than as expressly permitted by these Terms and Conditions; or (ii) copy, adapt, modify, reverse engineer, decompile disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the software or app or any portion of the software or app, except as expressly permitted in these Terms and Conditions.

We reserve the right to refuse service to anyone for any reason at any time.

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SECTION 6 - CONTENT BY YOU OR OTHER USERS

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User-Generated Content (“UGC”) means any Content that you or other users upload, submit or make available to the Service, for example contest entries, proposals for advertisements or collaborations, article submissions or comments with or without request from us.

Our Privacy Policy also applies to UGC.

You agree that we may, at any time, without any restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us.

 

You understand that your communications on the Service are not private or confidential and may be viewed by others accessing the Service.  

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You understand that we are under no obligation to pay compensation for any UGC or to respond to any UGC, unless we indicate otherwise.

 

You agree that you are solely responsible for the material that you submit.  This includes the legality, reliability, appropriateness, originality, and copyright of any material.

 

You may not upload to, distribute or otherwise publish through the Service any Content that:

(i) is hateful, abusive, racist, discriminatory, sexually offensive, obscene, vulgar, defamatory, threatening to another user, promotes violence, is infringing of third party rights (such as copyright, trademark, trade secret or any other personal or proprietary rights, or confidentiality), invasive of personal privacy or publicity rights, disruptive to the flow of chat or in our reasonable view, otherwise objectionable;

(ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law;

(iii) impersonates another person (including celebrities), indicates falsely that you are an employee or a representative of The Health Palette LTD or its companies or business partners. You may not use a false email address or other identifying information;

(iv) you do not own or have the rights to submit or that is illegal. You may not upload commercial content onto our Services;

(v) promotes any form of illegal activity including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software;

(vi) contains advertising, promotions or commercial solicitations of any kind or could constitute junk mail, chain letters, political campaigning, pyramid schemes, other commercial activities or any form of “spam”;

(vii) imposes an unreasonable or disproportionately large load on the Service’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Service;

(viii) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine.

You represent and warrant that you own or otherwise control all the rights to the UGC you post, that the UGC is accurate and that you will indemnify The Health Palette LTD for all claims resulting from the UGC you supply.

We may, but have no obligation to, monitor, edit or remove UGC that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

If you choose to submit content to our Service, unless otherwise stated, you grant us unconditional, non-exclusive, royalty-free, perpetual, irrevocable, global license to use in any manner or for and in any medium or forum, reproduce, modify, adapt, edit, publish, store, translate, produce derivative works from, distribute, display and archive such content throughout the world in any media, which includes, but is not limited to our Magazine and our website. You allow us the right to utilise the name you submit with this content.  

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Any content or articles published on our Site or Service, will be done so in according to these Terms. If we have agreed to pay for any content or articles based on word count, the final payment will be made based on word counts after our team have edited the content to fit our Service and not based on the initial content or article that you have supplied to us. 

 

We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as User Generated Content (UGC). Any information or material placed online by other users of the Service, including advice and opinions, is the view and responsibility of those users and does not represent our view. You agree that, to the maximum extent permitted by applicable law, we have no responsibility or liability to you for UGC including for any failure to or delay in removing UGC. You are solely responsible for your UGC and may be held liable for any UGC that you post.

 

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SECTION 7 - THIRD-PARTY LINKS

 

The Service may include certain features, functionality, and/or content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping, payment processing. We do not control such linked services, and are not responsible for their content, functionality or legality. 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.

 

These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Those third parties may collect data or solicit personal information from you. We are not responsible for the collection, use or disclosure of any information those services may collect.

 

Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms and Conditions. The Health Palette LTD specifically disclaims any and all liability in connection with the acts or omissions of such third-party service providers. 

 

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 or services. 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.

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Any service that links to or otherwise interacts with this Service must not:-

• create a frame or any other browser or border environment around our Content, unless previously agreed with us; 

• harvest or scrape Content either from our pages, databases or our feeds and reuse for its own or public use, unless previously agreed with us; 

• imply that The Health Palette LTD is endorsing it or its products or services; 

• use any The Health Palette LTD without permission from us; 

• infringe any intellectual property or other right of any person; 

• contain content that could be construed as illegal, distasteful, offensive, controversial or otherwise detrimental to The Health Palette LTD’s reputation or commercial interests. 

The Health Palette LTD expressly reserves the right to require that any link or activity which is in breach of these Terms and Conditions be removed and/or ceased, and to take whatever other action we deem appropriate. 

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SECTION 8 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

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.

 

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms (and privacy policy) on which tools are provided by the relevant third-party provider(s).

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SECTION 9 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this Service is not accurate, reliable, complete or current. All material provided in this Service is delivered 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 Service is solely at your own risk.

 

This website 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 Service at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Service.

 

 

SECTION 10 - HEALTHCARE DISCLAIMERS

 

The Content and other information available on or through our Service is for reference and educational purposes only. Content and other information, including medical and healthcare information, provided in this Service should not be relied upon or used as professional advice for diagnosis, investigation or treatment of any health condition and should not replace any health or medical advice given to you by your own healthcare professional. You should not disregard, delay or defer any treatment offered to you based on any Content or information provided by this Service. If you require any medical advice please see your personal doctor or healthcare professional. Any reliance on any Content on this Service is solely at your own risk and not the responsibility of The Health Palette LTD.

 

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SECTION 11 - PRODUCTS OR SERVICES

 

We have made every effort to display as accurately as possible the colours and images of our products that appear on our Service. We cannot guarantee that your Device’s monitor display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales or the quantities of our products or Services to any person, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same payment 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, billing address and/or 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 fraudulent or placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.

 

Any offer for any product or service made on this site is void where prohibited.

 

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to any Content, information, 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 on the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, 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.

 

 

SECTION 13 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this Service or its Content:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, promote violence, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

• to collect or track the personal information of others

• to spam, phish, pharm, pretext, spider, crawl, or scrape;

• for any obscene or immoral purpose;

• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

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SECTION 14 - INTELLECTUAL PROPERTY RIGHTS

 

All Content in this Service (including all images, texts, audio, video, design, logo, icons), unless otherwise labelled, is the property of The Health Palette LTD or its licensors and is protected by applicable intellectual property laws.

 

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SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY DISRUPTIONS OF SERVICES DUE TO THIRD-PARTY OR EXTERNAL HOSTS SUCH AS EQUIPMENT OR NETWORK FAILURES.

 

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

 

THE OPINIONS, VIEWPOINTS AND VALUES STATED IN THE CONTENT AND UGC DO NOT ALWAYS REPRESENT OUR OPINIONS, VIEWPOINTS AND VALUES. THEY ARE THE OPINIONS, VIEWPOINTS AND VALUES OF THE AUTHORS. NOTHING PROVIDED WITHIN OUR SERVICE SHOULD BE RELIED UPON FOR ADVICE. THIS IS PROVIDED FOR INFORMATION PURPOSES ONLY.

 

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS USERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.

 

THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

IN NO CASE SHALL THE HEALTH PALETTE,  THE HEALTH PALETTE LTD, THE HEALTH PALETTE MAGAZINE, 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 OR GOODWILL, LOST REVENUE, LOST INCOME, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, CLAIMS OF THIRD-PARTIES, DAMAGE TO YOUR DEVICE INCLUDING, BUT NOT LIMITED TO, VIRUSES OR MALWARE, 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.

 

WE ARE NOT RESPONSIBLE TO YOU IF THERE IS ANY FAILURE OR DELAY IN PROVIDING OUR SERVICES TO YOU THAT IS CAUSED BY ANY SITUATION BEYOND OUR CONTROL WHICH WAS UNFORESEEN OR UNAVOIDABLE. THIS INCLUDES, BUT IS NOT LIMITED TO, NATURAL OR GLOBAL DISASTERS, TRANSPORT FAILURES, GOVERNMENT ACT, STRIKES OR CIVIL UNREST. WE ARE NOT RESPONSIBLE TO YOU IF THERE IS ANY FAILURE OR DELAY IN PROVIDING OUR SERVICES TO YOU THAT IS CAUSED WHERE YOUR PAYMENT ISSUER DECLINES TO AUTHORISE ANY PAYMENTS TO US.

 

IF YOU BECOME DISSATISFIED WITH THE SERVICE, YOU MUST STOP USING THE SERVICE IMMEDIATELY.  TO THE EXTENT PERMITTED BY LAW, YOU THEREFORE WAIVE ANY AND ALL CLAIMS OCCURRING FROM YOUR USE OF OUR SERVICE.

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.

 

FOR USERS BASED IN THE U.K. AND EU, YOU HAVE PARTICULAR RIGHTS UNDER LAW AND THESE TERMS ARE NOT INTENDED TO LIMIT OR REMOVE THOSE RIGHTS.

 

 

SECTION 16 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless The Health Palette, The Health Palette Magazine, The Health Palette LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from all claims, actions, suits and liabilities, losses, damages, demand, costs and expenses including legal fees, made by any third-party due to or arising out of your unauthorised use of our Service or Content, breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SECTION 17 - SEVERABILITY

 

In the event that any provision of these Terms 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.

 

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SECTION 18 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

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SECTION 19 - CANCELLATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

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. To do so, please contact info@thehealthpalette.com

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and 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).

 

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SECTION 20 - 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 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.

 

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Contact Information:

Questions about the Terms of Service should be sent to us at info@thehealthpalette.com.

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