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Terms of Service

Updated 26 Aug 2018 

What these terms cover

These are the terms of service (“Terms of Service”) which apply to thediabeticsurvivor.com (“this Website”) and by accessing this Website and/or placing an order with us you agree to be bound by these Terms.  This Website is operated by thediabeticsurvivor and through the terms “we”, “us” and “our” refer to the diabeticsurvivor. For more information about thediabeticsurvivor see My Story section. If you do not agree you may not use our Website.

The Diabetic Survivor® is a registered mark (Reg. No. 5,688,082 - United States Patent and Trademark Office).

 

Why you should read them

Please read these terms carefully before using this Website and before you submit your order to us. These terms tell you who we are, about use of this Website, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms please contact us via email at hello@thediabeticsurvivor.com.

1. Online Store

You are provided with access to this Website in accordance with these Terms of Service and any orders placed by you must be placed strictly in accordance with these Conditions. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and as a minimum over 16 years old. You may not use our Website and/or products for any illegal or unauthorized purpose nor may you, in the use of the Website violate any laws in your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission from us.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including payment 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 information is always encrypted during transfer over networks. For more information on how we protect your data see our Privacy Policy

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

2 . Our contract with you

How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. This is when we email to confirm that the order has been processed.

If we cannot accept your order: If we are unable to accept your order, we will inform you of this using the contact details you provided and not charge you for the product. This might be, for example, because the product is out of stock, because of unexpected limited on our resources which we could not reasonably plan for.

Your order number: We will assign an order number to your order and tell you what it is when we accept your order.

3. Accuracy, Completeness and Timeliness of Information 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 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. It is your responsibility to monitor changes to our site. 

4. Modifications and Limitations

Description and prices for our products are subject to change without notice. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right at any time to modify or discontinue a products 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 a product.

5. Order and Delivery of Products

Print on demand. Our products are print on demand, this means that each item is made especially for you. You get to pick the design and often the colour scheme. The majority are available exclusively online through this Website.

Products may vary slightly from their picture. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display accurately the colours and images of our products, we cannot guarantee that a device’s display of the colour accurately reflects the colour of the products. Your product may vary slightly from those images.

Making changes to your order. Our products are printed on demand for you and in order to get our products to you as quickly as possible we aim to process orders immediately. This means that it is not possible to make changes once you have placed your order. If you need to make a change relating to delivery, such as the address, contact us before receiving the shipping confirmation email and we will make reasonable efforts to contact our supplier.

Delivery costs: The costs of delivery will be as displayed to you on our Website before you place your order. Subject to the below provision relating to customs and taxes.

Customs and Taxes: The prices displayed on our Website are tax-free. This means that on some orders, depending on your country, you may be liable to pay import taxes, duties and related customs fees once your order arrives to the final destination. This will be determined by your local customs office (rates, type of goods, and person allowance varies enormously depending on each country). Payment of any such charges and taxes are your responsibility and will not be covered by us. We are not responsible for any delays caused by the customs department in your country. For further details of charges, please contact your local customs office.

When we will provide the products: The products are print on demand and we work with a global team of manufacturers and shipping services. You will be notified once your order has been processed and then again once it has been shipped. Sometimes for logistical reasons items within the same order will be sent separately. The delivery time for orders will vary depending on where you are based but they should arrive within approximately 10 – 15 working days and not less than 30 days. You will be provided with a code once you order which will allow you to track the progress of your order.

Delays: We are not responsible for delays outside our control. If we are aware that our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and take steps to minimize the effect of the delay. Provided we do this we will not be liable for the delays caused by the event.

Delivery: It is your responsibility to track your order and submit necessary requirements to the courier or customs if needed. For example, if you will not be available to receive the package or there is a customs fee payable in your country. We are not responsible if the order is tagged as return to sender or unsuccessful delivery due to inaction on your part, for example you not re-arranging delivery, collecting the package from a depot or not having submitted the necessary requirements or notification to the courier. In this case we may end the contract without any refund or replacement and you may need to place the order again.

Ending the contract with us

Faulty product:  If you consider the product is faulty please contact us following the steps in our Return Policy. We may ask you to return it to us. We will then determine whether it is possible to provide you with an exchange or a refund.

Something that we have done or are going to do: You may have a right to a refund if we have suspended supply for technical reasons or have informed you that the products might be significantly delayed. If you consider that any of these circumstances apply please contact us via email.

Changed your mind: As our products are made especially for you using Print on Demand we are not able to offer returns or exchanges if you change your mind. Only in the circumstances set out above. 

6. Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or fraudulent.

You agree to provide current, complete and accurate purchase, account and delivery information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

7. 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 site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. Third Party Links

Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. User comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. Personal Information

Our use of your personal information is governed in accordance with our Privacy Policy

11. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our products/ Website 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 on the Website.

12. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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. The service and all products and services delivered to you through the 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 thediabeticsurvivor, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless thediabeticsurvivor and our affiliates, partners, agents, contractors, licensors, service providers, subcontractors and suppliers, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your 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. 

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination

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 Website, or when you cease using our site.
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).

17. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.

19. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

20. Contact Information

Questions about the Terms of Service should be sent to us at hello@thediabeticsurvivor.com.

Our postal address is thediabeticsurvivor - 66 Moray Road, N4 3LG, London, UK / +44 (0) 7756686509

Our shop on this Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.