Website Terms of Use

This page (together with the documents referred to on it) tells you the Terms and Conditions on which you may make use of our website (www.kislifestyle.co.uk), whether as a guest or a registered user. They also describe how you can make purchases on our website.  Please read these Terms and Conditions carefully before you start to use the website as your use of the website indicates that you accept them. If you are unsure about any of the content of these Terms and Conditions please contact us at http://www.kislifestyle.com/contact-kis/

You should also read our Privacy Policy at http://shop.kislifestyle.com/legal/privacy-policy.html which explains how we use your personal information collected via our website.

PLEASE NOTE CAREFULLY:

OUR WEBSITE PROVIDES GENERAL INFORMATION ABOUT NUTRITION, DIET AND GENERAL WELL BEING BUT WE DO NOT GIVE MEDICAL ADVICE OR GIVE ANY DIAGNOSIS FOR MEDICAL CONDITIONS AND OUR PRODUCTS ARE NOT MEDICINES. 

WE DO NOT HAVE DETAILED KNOWLEDGE OF YOUR STATE OF HEALTH, AND DO NOT CARRY OUT ANY FACE TO FACE CONSULTATIONS.  WE DO NOT TAILOR OUR INFORMATION OR PRODUCTS FOR PARTICULAR INDIVIDUALS.  WE CANNOT THEREFORE GUARANTEE THAT OUR INFORMATION OR PRODUCTS ARE SUITABLE FOR YOU. 

IN PARTICULAR, IF YOU HAVE ANY MEDICALLY DIAGNOSED CONDITION, ARE ABOUT TO UNDERGO SURGERY, ARE TAKING ANY PRESCRIBED MEDICATION INCLUDING (BUT NOT LIMITED TO) WARFARIN OR ANTI DEPRESSANTS OR ARE EITHER PREGNANT OR BREASTFEEDING OR HAVE ANY DOUBTS ABOUT WHETHER YOU SHOULD USE OUR PRODUCTS OR FOLLOW ANY OF THE INFORMATION GIVEN ON THIS WEBSITE THEN YOU SHOULD NOT DO SO UNLESS YOU HAVE FIRST CONSULTED YOUR GP OR HEALTH CARE PROFESSIONAL.

SECTION A – TERMS APPLICABLE TO ALL USERS

A1. Information about us

  1. The website www.kislifestyle.co.uk is a website operated by K.I.S Lifestyle Limited ("We").  We are registered in England and Wales under company number 7450700.
  2. Our registered office is 46 Main Street, Felton, Morpeth, Northumberland NE65 9PZ.
  3. Our VAT number is 134863992.

A2. Registration

  1. Some areas of our website are restricted to certain types of users and we distinguish between users who have not registered with us, users who have registered for a free account, and users who have paid for a KIS membership subscription.  We set out details of what access each type of user is entitled to on our website.  You must also register with us to buy products.
  2. If you apply to have an account and be registered with us we can choose whether or not to accept your application. 
  3. To register with us you must be eighteen (18) years of age or over. 
  4. We only allow individuals to be registered who are using the website for their own personal use.  We do not allow businesses to register and you must not resell anything on our website or use it for commercial purposes.
  5. We can also end your registration and your use of the website.  If you have bought a KIS membership subscription Section B5. sets out how this can be ended.  If you have a free account we can end your account and access to our website at any time.  We can also end your registration and use of the website if you are in breach of these Terms and Conditions.  Please see paragraph A2. i below.
  6. It is your responsibility to provide us truthful and accurate information when registering and you should keep the information in your user account up to date.
  7. Each registration is for a single user only. You may not share your user name and password with any other person or multiple users on a network.  If you know someone who wants to access our website they should register for their own account.
  8. Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else may have access to or know your password, you should contact us immediately in order to change it.
  9. We have the right to disable any user identification details, whether chosen by you or allocated by us, and end your access to our website at any time, if in our opinion you have not complied with any of the provisions of these Terms and Conditions.  If you have not complied with these Terms and Conditions you will not be entitled to a refund of any KIS membership subscription fees paid.

A3. Copyright and Other Rights in our Website

  1. Unless otherwise stated, we own or have rights to use all intellectual property rights in our website and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All rights are reserved.
  2. You do not need to ask us for consent to print off one copy of any page(s) from our website for your personal reference and you may draw the attention of other people to material posted on our website as long as you do not do this for commercial purposes.  If you draw the attention of other people to our website you must not pass it off as your own.
  3. You must ask us for permission if you want to reuse or modify the paper or digital copies of any materials you have printed off or downloaded in any way, or if you want to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. You must not use any part of the materials on our website for commercial purposes without asking permission.
  5. If you print off, copy or download any part of our website in breach of these terms of use, we can stop you using our website and can require you to return or destroy any copies of the materials you have made.
  6. If you wish to ask for permission to use our materials, please address your request to [email protected]

A4. Linking

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have given permission.
  2. You must not establish a link to our website from any website that is not owned by you.
  3. You must not frame our website on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

A5. Availability of and Access to our Website

  1. We cannot guarantee that our website will always be available or that the services will remain the same.  We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We cannot always control downtime although we try to ensure that our website remains available for use for as much of the time as reasonably possible.
  2. You are responsible for making all arrangements necessary for you to have access to our website.  We are not responsible for your connection to the internet.

A6. Viruses, hacking and other offences

  1. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will stop immediately.
  3. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose information concerning any individual acting in contravention of this paragraph A6.
  4. As you will appreciate we cannot be responsible for the actions of third parties and so we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

A7. Uploading Material to Our Website

  1. Whenever you use a feature that allows you to upload material or comments to our website, or to make contact with other users of our website, you must comply with the content standards set out in this paragraph. You contractually guarantee to us that any contribution you make complies with these standards.
  2. Contributions must:
    • Be accurate (where you state facts).
    • Be genuinely held opinions (where you contribute an opinion).
    • Be legal i.e. not in breach of any laws in the UK and/or any laws in any country from which you are making the posting.
  3. Contributions must not:
    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Contain sexually explicit material.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trade mark of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity.
    • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they come from us, if this is not the case.
    • Promote, encourage or assist any unlawful act such as e.g. copyright infringement or computer misuse.
  4. Any contributions you upload to our website will not be treated as confidential and you agree that we have the right to use, copy, distribute and disclose your contributions to others for any purpose. We also have the right to disclose your identity to anyone who is claiming that any contributions posted or uploaded by you to our website infringes their intellectual property rights, or breaches their right to privacy.
  5. We will not be responsible for the content or accuracy of any contributions posted by you or any other user of our website.
  6. We will remove any contribution you make on our website if, in our opinion, your contribution does not comply with the content standards set out in this paragraph A7.

SECTION B – ADDITIONAL TERMS FOR USERS PURCHASING KIS MEMBERSHIP SUBSCRIPTIONS OR PRODUCTS

B1. Restrictions on Orders

  1. We do not accept orders from addresses outside the UK and Channel Islands.
  2. We only accept orders from individuals who want to purchase products or KIS membership subscriptions for their own personal use.  We do not accept orders from businesses and orders MUST NOT be for resale.

B2. Process for Ordering Products and Buying KIS Membership Subscriptions

  1. You can place an order for products on our website.  You can also place an order to buy a KIS membership subscription which is a paid for account.  If you do either of these you will follow the same checkout process.  As part of our checkout process, you will be given the opportunity to check your order and to correct any errors.  Your order is an offer to us to buy a product or a KIS membership subscription.  After placing an order, you will receive an e-mail from us acknowledging that we have received it but this is not confirmation that your order has been accepted.
  2. We have a discretion whether to accept your order and may also refuse to accept an order:
    • Where we believe that you are acting as a business and are not ordering products or a KIS membership subscription on your own behalf for your own personal use.
    • Where products are not available.
    • Where we cannot obtain authorisation for your payment.
    • If there has been a pricing or product description error.
    • If you are under 18.
    • We cannot provide the products or services to the location where you live.
    • Where you are applying to buy a KIS membership subscription in breach of these terms. OR
    • Where we reasonably believe that you will breach these terms. 
  3. When we accept your order we will confirm it by sending you an e-mail that confirms that the product has been dispatched or that your KIS membership subscription has been activated (“Order Confirmation”).  The contract between us will only be formed when we send you this email. 
  4. We may confirm part of your order or the whole order.

B3. Your Right to Cancel

  1. If you are contracting as a consumer and purchase products, you may cancel a contract to buy products at any time within 7 working days, beginning on the day after you received the products.  You must return the products to us as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the products while you have them and to return them IN THE SAME STATE AS THEY WERE WHEN THEY WERE DELIVERED. This means that any food supplements, vitamins, creams, toiletries or any other items which are for consumption or which are to be applied to the body MUST BE UNOPENED AND IN THEIR SEALED PACKAGING.  If you fail to do this we may have a right to claim compensation.  YOU CANNOT RETURN perishable products such as Royal Jelly and Bee Pollen
  2. If you are contracting as a consumer and purchase services, you may cancel the contract at any time within 7 working days, beginning on the day of the Order Confirmation unless you have clicked to access your KIS membership subscription immediately.  If you click to start your membership immediately then you no long have a right to cancel the contract under this paragraph. 
  3. To cancel a contract please inform us in writing within the relevant period of time.  You can do this by sending an email to [email protected]
  4. If you cancel the contract under this paragraph you will be entitled to a full refund of the price paid as set out in paragraph B7.
  5. Details of your statutory right of cancellation, and an explanation of how to exercise it, are also provided in the Order Confirmation.  This provision does not affect your other statutory rights as a consumer.
  6. If you want to return faulty products to us or cancel any KIS membership subscription because it is not in accordance with these Terms and Conditions then please see paragraph B7.

B4. Supply of Products

PLEASE NOTE CAREFULLY

OUR WEBSITE PROVIDES GENERAL INFORMATION ABOUT NUTRITION, DIET AND GENERAL WELL BEING BUT WE DO NOT GIVE MEDICAL ADVICE OR GIVE ANY DIAGNOSIS FOR MEDICAL CONDITIONS AND OUR PRODUCTS ARE NOT MEDICINES. 

WE DO NOT HAVE DETAILED KNOWLEDGE OF YOUR STATE OF HEALTH, AND DO NOT CARRY OUT ANY FACE TO FACE CONSULTATIONS.  WE DO NOT TAILOR OUR INFORMATION OR PRODUCTS FOR PARTICULAR INDIVIDUALS.  WE CANNOT THEREFORE GUARANTEE THAT OUR INFORMATION OR PRODUCTS ARE SUITABLE FOR YOU. 

IN PARTICULAR, IF YOU HAVE ANY MEDICALLY DIAGNOSED CONDITION, ARE ABOUT TO UNDERGO SURGERY, ARE TAKING ANY PRESCRIBED MEDICATION INCLUDING (BUT NOT LIMITED TO) WARFARIN OR ANTI DEPRESSANTS OR ARE EITHER PREGNANT OR BREASTFEEDING OR HAVE ANY DOUBTS ABOUT WHETHER YOU SHOULD USE OUR PRODUCTS OR FOLLOW ANY OF THE INFORMATION GIVEN ON THIS WEBSITE THEN YOU SHOULD NOT DO SO UNLESS YOU HAVE FIRST CONSULTED YOUR GP OR HEALTH CARE PROFESSIONAL.

  1. Where you have ordered products, these will be delivered by the date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. 
  2. Any products you purchase from us will be your responsibility from the time of delivery.
  3. Ownership of the products will pass to you on delivery unless you have not paid, in which case it will only pass when we receive full payment of all sums due in respect of the products, including delivery charges.
  4. We guarantee to you that any product purchased from us through our website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.  If the product does not comply with this guarantee you should return it in accordance with paragraph B7.
  5. If you order products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.
  6. We are a small UK based business and do not know what the laws relating to the importation and use of the products are in any countries other than the UK.  You must therefore ensure that you can import and use the goods in the country to which you have asked us to send the products.  We will not be liable for any breach by you of any such laws.

B5. KIS Membership Subscriptions

  1. Where you have placed an order for a KIS membership subscription, the services will be available to you once we have sent the Order Confirmation and your user identification and password. 
  2. We will provide the services with reasonable care and skill but PLEASE NOTE CAREFULLY THAT OUR WEBSITE PROVIDES GENERAL INFORMATION ABOUT NUTRITION, DIET AND GENERAL WELL BEING BUT WE DO NOT GIVE MEDICAL ADVICE OR GIVE ANY DIAGNOSIS FOR MEDICAL CONDITIONS AND OUR PRODUCTS ARE NOT MEDICINES. 

WE DO NOT HAVE DETAILED KNOWLEDGE OF YOUR STATE OF HEALTH, AND DO NOT CARRY OUT ANY FACE TO FACE CONSULTATIONS.  WE DO NOT TAILOR OUR INFORMATION OR PRODUCTS FOR PARTICULAR INDIVIDUALS.  WE CANNOT THEREFORE GUARANTEE THAT OUR INFORMATION OR PRODUCTS ARE SUITABLE FOR YOU. 

IN PARTICULAR, IF YOU HAVE ANY MEDICALLY DIAGNOSED CONDITION, ARE ABOUT TO UNDERGO SURGERY, ARE TAKING ANY PRESCRIBED MEDICATION INCLUDING (BUT NOT LIMITED TO) WARFARIN OR ANTI DEPRESSANTS OR ARE EITHER PREGNANT OR BREASTFEEDING OR HAVE ANY DOUBTS ABOUT WHETHER YOU SHOULD USE OUR PRODUCTS OR FOLLOW ANY OF THE INFORMATION GIVEN ON THIS WEBSITE THEN YOU SHOULD NOT DO SO UNLESS YOU HAVE FIRST CONSULTED YOUR GP OR HEALTH CARE PROFESSIONAL.

  1. Where you purchase a KIS membership subscription you may be given the option to pay monthly or to purchase a block of months upfront for a discounted sum.  You have consumer rights to cancel as described above.  After this right has expired, your rights to terminate will depend on how you pay for the services as follows:
  2. If you pay monthly we will automatically renew your KIS membership subscription every month until you tell us not to.  The minimum KIS membership subscription is for three months and you cannot end your KIS membership subscription in this three month period.  We can also end your KIS membership subscription by giving you at least one month’s notice of this.
  3. If you have pre-paid for a block of months you cannot terminate during this period.  Once your block of months comes to an end you can renew on a monthly basis or renew by purchasing a block of months.  We can also end your KIS membership subscription by giving you at least one month’s notice of this.  If we end your KIS membership subscription early then we will refund any unused months to you.
  4. Access to a KIS membership subscription service gives you the right to use the material you access for your own personal use only.  It does not give you the right to resell it or reuse it for commercial purposes whether in its original or modified form.  Paragraph A3 applies to all material on our website, whether it is free or part of a KIS membership subscription.

B6.  Price and payment

  1. The price of products, KIS membership subscriptions and any applicable delivery charges will be as quoted on our website from time to time, except in cases of obvious error.  Product and KIS membership subscription prices and delivery charges are liable to change at any time, but once we have confirmed your order any changes will not affect orders in respect of which we have already sent you an Order Confirmation.  If the price changes before sending you an Order Confirmation we will let you know and you can cancel your order.
  2. All prices include VAT (where applicable) at the current rates. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
  3. We accept payment through Sage Pay and PayPal.  Payment will be taken when you place your order. 

B7. How to Return Products or Cancel your KIS Membership Subscription and Refund Policy

  1. If you return a product to us or stop using a service because you have cancelled the contract between us within the seven working day cooling-off period (see Section B3 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the product or KIS membership subscription in full, and any applicable delivery charges. However, you will be responsible for the cost of returning any products to us.
  2. Coaching

    A full refund will be granted where a coaching programme has been purchased on the website but is no longer required by you provided always that the decision to terminate the programme is communicated in writing to KIS no later than 7 days prior to the first arranged coaching session.
  1. Doctor Consult 

    A full refund will be granted where a consultation has been purchased on the website but is no longer required by you provided always that the decision to terminate the consultation is communicated in writing to KIS no later than 7 days prior to the arranged consultation.
  1. If you consider that a product is faulty or your KIS membership subscription is not in accordance with these Terms and Conditions then either please return the product or notify us of the problem with the KIS membership subscription.  We will investigate the issue and will notify you of any refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a faulty product in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.  Where we refund a KIS membership subscription this will usually be a refund in respect of the period affected by the problem and any unused pre-paid KIS membership subscription period. 
  2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

B8. Our Right to Cancel

  1. If you do not pay us and/or do not comply with these Terms and Conditions we can end our contract with you.  You will not be entitled to a refund in these circumstances.

B9. Changes to our Terms

  1. If we amend our terms your order will be subject to the Terms and Conditions in force at the time that you order products.  If you have ordered a KIS membership  subscription any changes affecting your subscription will take effect from the next renewal of your KIS membership subscription after we notify you of the changes.  

SECTION C – OUR LIABILITY AND DISCLAIMERS – PLEASE READ CAREFULLY

C1. Liability NOT Excluded in the Following Circumstances

 Nothing in these Terms and Conditions excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

C2. Disclaimers

PLEASE NOTE CAREFULLY

OUR WEBSITE PROVIDES GENERAL INFORMATION ABOUT NUTRITION, DIET AND GENERAL WELL BEING BUT WE DO NOT GIVE MEDICAL ADVICE OR GIVE ANY DIAGNOSIS FOR MEDICAL CONDITIONS AND OUR PRODUCTS ARE NOT MEDICINES. 

WE DO NOT HAVE DETAILED KNOWLEDGE OF YOUR STATE OF HEALTH, AND DO NOT CARRY OUT ANY FACE TO FACE CONSULTATIONS.  WE DO NOT TAILOR OUR INFORMATION OR PRODUCTS FOR PARTICULAR INDIVIDUALS.  WE CANNOT THEREFORE GUARANTEE THAT OUR INFORMATION OR PRODUCTS ARE SUITABLE FOR YOU. 

IN PARTICULAR, IF YOU HAVE ANY MEDICALLY DIAGNOSED CONDITION, ARE ABOUT TO UNDERGO SURGERY, ARE TAKING ANY PRESCRIBED MEDICATION INCLUDING (BUT NOT LIMITED TO) WARFARIN OR ANTI DEPRESSANTS OR ARE EITHER PREGNANT OR BREASTFEEDING OR HAVE ANY DOUBTS ABOUT WHETHER YOU SHOULD USE OUR PRODUCTS OR FOLLOW ANY OF THE INFORMATION GIVEN ON THIS WEBSITE THEN YOU SHOULD NOT DO SO UNLESS YOU HAVE FIRST CONSULTED YOUR GP OR HEALTH CARE PROFESSIONAL.

We cannot be liable to you if you order products or use the KIS membership subscription in breach of the disclaimer set out above.

C3. Our liability

  1. If we fail to comply with these Terms and Conditions, we shall be liable to you for:
    • any sums you have paid to us in respect of products or a KIS membership subscription; and
    • where you have paid for products or purchased a KIS membership subscription, any losses that you suffer as a result of our failure to comply with them which are a direct and foreseeable consequence of our failure.  This liability is limited by the things set out in paragraphs b and c below.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if we both contemplated it when we entered into the contract.
  2. As we have said in paragraph A2.d above we are supplying products to you and providing the KIS membership subscription to you as a consumer for your own personal use.  The products and KIS membership subscriptions are not for resale and are not available to businesses.  On this basis we cannot be liable for business losses as set out below which include (but are not limited to) losses which fall into the following categories:
    • loss of income or revenue;
    • loss of business;
    • loss of profits;
    • loss of anticipated savings;
    • loss of data; or
    • waste of management or office time;
  3. We also cannot be liable to you for loss of income/revenue or any loss of data.

SECTION D – GENERAL

D1. Jurisdiction and applicable law

  1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or the purchase of products or KIS membership subscriptions although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 
  2. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales

D2. Variations

  1. We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.  Please see paragraph B9. for how changes in these Terms and Conditions affect orders.

D3. Contact Methods

  1. If you wish to contact us (for example to give notice or if you have any concerns about material which appears on our website), please contact [email protected].
  1. We will contact you by electronic means.  This will either be by e-mail or we will provide you with information by posting notices on our website.  This condition does not affect any statutory rights.

D4. Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

D5. Severability

  1. If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

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