Terms & Conditions
This document (the "Agreement") is a legally binding agreement between you and A Year of Small Changes Ltd, trading under the name Small Changes, a company registered in Scotland under number SC625764 that governs your use of the online and mobile services associated with Small Changes, including but not limited to, www.smallchanges.co.uk and all associated subdomains (the "Website").
For ease of reference, all the features and functionality of the Website, together with all its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System".
One component of the System is the self-help lifestyle improvement program with
associated expert articles (the "Small Changes Programme"). All terms governing the System also apply to the Small Changes Programme. The System and the Small Changes Programme are both owned and managed by A Year of Small Changes Ltd.
Please note that you must read and agree to the terms and conditions of this Agreement
before you use the System and/or the Small Changes Programme. If you do not agree to the
terms and conditions of the Agreement, you may NOT use the System nor may you use the
Small Changes Service.
The terms "we", "us", "our" and "ours" when used in these terms mean Small Changes,
which includes any parent company, subsidiaries, branches or affiliates under common
ownership or control of Small Changes. The terms "you", "your" and "yours" when used in
these terms mean any user of the System.
1. Contract Information
2. Understanding Small Changes
You acknowledge and agree that the Small Changes Programme is a personalized self-help
system designed to help you improve your own wellbeing and that if you choose to access
the Small Changes Programme you are solely responsible for deciding which of the
suggested techniques you put into practice and how to apply those techniques.
You also acknowledge and agree that Small Changes is not a medical organisation and that
the Small Changes Programme is not intended to diagnose, treat or otherwise address any
medical problem. The material on the System, whether posted by Small Changes
employees, or other users, is provided for your information and not as medical advice and
should not be seen as a replacement for consultation with a doctor or other qualified care
professional. You are urged to seek the advice of a doctor before beginning any lifestyle
improvement programme. If you receive advice from a doctor or other qualified medical
professional which conflicts with anything contained in the System, then the former should
take precedence. The Small Changes Programme and this Website are not intended for use
by minors, or pregnant women. Individuals with any type of health condition are specifically
warned to seek professional medical advice prior to initiating any form of lifestyle
3. Grant of right of use
The System is only available to either individuals who enter their card details, PayPal details, or who have had the Programme commissioned for them by a third party partner (e.g. their employer) ("Paid for Services"). Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the System and the Small Changes Programme in respect of which you or the third party have paid all applicable rental fees and charges, provided that you comply fully with the provisions of this Agreement.
4. Prices and payment
If paying for your own programme, within the first 14 days of your Small Changes
Programme start date, you may cancel your subscription to receive a full refund via email to info@smallchanges.
5. Contract Length
Through signing up to the Small Changes Programme, you are signing up for a one-time
payment that gives you lifetime access to the programme in its current form.
5. Changes to the Agreement
Small Changes reserves the right to vary this Agreement from time to time by amending this
page. Registered user's will be notified of changes by the email address we have for you on file. Any material amendments intending to bind an existing user of the System shall
become effective 7 days after the email.
6. Your health and Small Changes
You are urged and advised to seek the advice of a doctor before beginning any lifestyle improvement program. If you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious about embarking on vigorous exercise if you have any serious medical condition, including
(but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes in your prescribed medicines.
This programme is intended as a lifestyle change guide and is therefore not classified as a medical device, meaning the programme should not replace any existing recommendations that have been given by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such this
programme may not be suitable for every individual. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying/existing medical condition before starting on this programme.
Those with suspected/diagnosed eating disorders may be deemed ineligible to partake in the programme. Current best practice to diagnose and treat eating disorders supports the use of in-person therapy, which goes beyond our scope of practice.
Small Changes is not suitable for women who are pregnant or exclusively breastfeeding due to the different nutritional requirements to support the development and growth of a baby.
Care has been taken to confirm that the information presented by authors is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the System, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.
To access the Small Changes Programme, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.
8. Intellectual Property Rights
The layout, design, content and graphics on the System and the Small Changes Programme are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the System may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
9. Prohibited uses
You agree that you will not use the System to:
- Post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion;
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of this System, a director, officer, employee, shareholder, agent or representative of Small
Changes or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Small Changes, our affiliates or any other person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the System
- Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose
- Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the System are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of this System
- Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System
- Intentionally or unintentionally violate any applicable laws and/or regulations "Stalk"; or otherwise harass another user of the System and/or any employee of Small Changes
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party, and/or:
- Access or attempt to access another user's account without his or her consent.
- Knowingly transmit any data, send or upload any material that contains 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.
You also agree not to:
- Reproduce, duplicate, copy or re-sell any part of the System in contravention of the provisions of this Agreement.
- Resell access to the System.
- Frame the System or any part of it.
- Copy any material obtained from the System to peer to peer networks or other web sites or web services.
- Access without authority, interfere with, damage or disrupt any part of the System; any equipment or network on which the System is stored; any software used in the provision of the System; or any equipment or network or software owned or used by any third party.
10. Breach of the Agreement
We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the System and/or the Small Changes Programme.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the System and/or the Small Changes Programme.
- Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Any further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
11. No warranty
The use of the System and Small Changes Programme (including but not limited to their content and features) is at your own risk. The System is provided on an"as is" and "as available" basis. To the extent permitted by applicable law, Small Changes gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the System or the Small Changes Programme or to the accuracy of the information contained in any of the materials on the System or the Small Changes Programme.
Small Changes shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the System. There is no guarantee of availability of information on the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Small Changes shall create any warranty on behalf of Small Changes in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
12. Limitation of liability
To the fullest extent applicable permitted by applicable laws, Small Changes, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System or Small Changes Programme, even if you have advised Small Changes about the possibility of such loss, and including any damages resulting therefrom.
Commentary and other materials posted on the System by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the System, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Small Changes (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Small Changes Programme. Any claims arising out of or in connection with your use of the System must be brought within one year of the date of the event giving rise to such action occurred.
Nothing in this provision affects our or our contractors' liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
13. Technology limitations and modifications
Small Changes will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. Small Changes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the System with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable.
14. Third parties
Certain hypertext links in this site may lead to other third party websites, which are not under the control of Small Changes. When you activate any of these you will leave the System and Small Changes has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Small Changes. Small Changes does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.
You agree to indemnify and hold Small Changes and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of the System (and all related materials) or any applicable laws, regulations or third party rights.
16. Assignment by Small Changes
Small Changes may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.
17. Entire agreement
18. Severability and waiver
If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19. Term and termination
This Agreement is between you and us only and will become effective when you start using the System and will remain effective until terminated by you or Small Changes. Small Changes reserves the right to terminate this Agreement or suspend your Small Changes account at any time in case of unauthorized, or suspected unauthorized use of the System whether in contravention of this Agreement or otherwise. If Small Changes terminates this
Agreement, or suspends your Small Changes account, for any of the reasons set out in this section, Small Changes shall have no liability or responsibility to you whatsoever.
20. Governing law and disputes
The System is controlled by Small Changes from its offices in the United Kingdom. Access to, or use of, the System, including the Small Changes Programme and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation that the information contained herein is appropriate or available for use in other locations.
This Agreement and any contract between us, whether for use of the System or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by Scottish law. The parties agree that the courts of Scotland have exclusive jurisdiction to settle any dispute arising out of or about this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or about this Agreement).
Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
The following provisions shall survive termination of this Agreement: Clause 8 (Intellectual Property), Clause 12 (Limitation), Clause 15 (Indemnity), Clause 17 (Entire Agreement),
Clause 18 (Severability and waiver) and Clause 20 (Governing Law and Disputes).
You can contact us via the following details:
- Email: firstname.lastname@example.org
- Post: …………………….
Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.
Effective Date: This document is effective as of 1 st January 2021.
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