1. Interpretations

In these terms and conditions, unless the context otherwise requires, the following terms shall have the following meanings:

“Services” encompasses all digital products, consultations, and any other services offered for sale or provided free of charge on the Websites.

“Websites” refers to the online platform operated by Dominique Ludwig Nutrition Limited, accessible via its designated URL www.dominiqueludwig.com, and any further Websites or online platforms or social media, associated with Dominque Ludwig,  through which Services are offered and provided.

“We”, “Us”, “Our” refers exclusively to Dominique Ludwig Nutrition, it’s affiliates, and assigns.

“You”, “Your”, “User(s)” refers to any individual or entity accessing, using, or purchasing Services from the Websites.

2. Purchase of Services

2.1 By purchasing Services from our Websites, you agree to the terms outlined herein. All purchases are subject to acceptance by us, and we reserve the right to refuse any purchase at our discretion. Before making a purchase, please ensure you have read and understood our Medical Disclaimer, Terms of Website Use and Privacy Policy, which provide important information about the limitations of our Services and how we handle your personal data. Your use of our Services constitutes your agreement to these additional terms.

3. Taxes and Duties

3.1 You are responsible for the payment of all taxes, levies, and duties that may be applicable according to your jurisdiction as a result of purchasing Services from our Websites.

4. Refund Policy

4.1 Due to the digital nature of our products, all sales are final. Refunds will not be provided for any digital product once it is downloaded or accessed subject to Clause 5.2. For other Services, refunds may be granted at our sole discretion.

5. Digital Support

5.1 In the event that any Service purchased from our Websites is found to be faulty, not as described, or otherwise not in compliance with the Consumer Rights Act 2015, we commit to providing the following support and remedies to ensure customer satisfaction and compliance with applicable laws.

 5.1.1 You must notify us of any faults or issues with the  Service within a reasonable time of discovery, providing detailed information about the nature of the fault. This can be done via our designated customer service contact methods available on our Website Customer Support Page.

5.1.2  Upon receiving notification of a fault, we will promptly assess the issue to determine whether the Service is indeed faulty and, if so, the nature of the fault. This assessment will guide the remedy provided.

5.1.3  Where possible, we will offer technical support to resolve any issues with the Service. This may include troubleshooting steps, updates, or other technical solutions to rectify the fault.

5.2  In cases where a repair is not possible or appropriate, you may be entitled to a full or partial refund. The amount of the refund will take into account the use you have had of the Service up to the point when the fault was notified to us.

5.3 The remedy outlined above is not available if the fault has arisen through misuse, failure to follow instructions, or alterations made by the user not authorised by us.

5.4 Any claim for support or remedy under this clause must be made within three months of the date of purchase, unless the nature of the Service or the fault means that it would not have been apparent within this timeframe.

6. Severability

6.1 If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

7. Entire Agreement

7.1 These terms and conditions, together with any other legal notices and agreements published by us on the Websites or through digital communications, constitute the entire agreement between you and us concerning the Websites and Services.

8. Data Protection and Privacy Policy

8.1 We are committed to protecting your privacy. Our Privacy Policy, as may be updated from time to time, sets out the terms on which we process any personal data we collect from you or that you provide to us.

9. No Partnership or Agency

9.1 Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

10. Intellectual Property Rights

10.1 All intellectual property rights in the Websites, including but not limited to its design, layout, text, images, graphics, video, software, data compilations, underlying source code, and all other forms of intellectual property (collectively, “Content”), as well as the Services provided, are owned by us or our licensors. These rights are protected by national laws and international treaty provisions around the world. All such rights are reserved.

10.2 You are granted a limited, non-exclusive, revocable licence to access and use the Websites and Services for your personal, non-commercial use, strictly in accordance with these terms and conditions. This licence does not include any rights to:

10.2.1  Modify, download (other than page caching), reproduce, copy, or resell the Websites, the Content, or any portion or derivative thereof;

10.2.2 Commercially use the Websites, the Content, or any portion derivative thereof;

10.2.3 Use any data mining, robots, or similar data gathering and extraction tools on the Websites;

10.2.4 Frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Websites without express written consent;

10.2.5 Use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent;

Misuse the Websites or Services in any way that breaches these terms or any applicable law or regulation.

10.3 We respect the intellectual property rights of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Websites, please provide us with the necessary information, including evidence of your copyright ownership.

10.4 You may be able to upload or contribute content to the Websites. By submitting content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Websites and across different media including to promote the site or the Service.

10.5 The licence granted to you shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

10.6 We reserve the right to amend these intellectual property rights terms at any time. Such amendments will be effective immediately upon posting of the amended terms on the Websites. Your continued use of the Websites constitutes acceptance of the amended terms and conditions.

11. Limitation of Liability

11.1 To the fullest extent permitted by applicable law, we shall not be liable for any loss or damage of any kind, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

11.1.1 The use of, or inability to use, our Websites or Services;

11.1.2 The use of or reliance on any content displayed on our Websites.

11.2 Notwithstanding any other provision in these terms, our total liability to you in respect of all other losses arising under or in connection with the use of our Websites or Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total cost of the Service provided to you.

         11.3  We specifically exclude liability for:

11.3.1 Loss of profits, sales, business, or revenue;

11.3.2 Business interruption;

11.3.3 Loss of anticipated savings;

11.3.4 Loss of business opportunity, goodwill or reputation; or

11.3.5 Any indirect or consequential loss or damage.

11.4 You agree that the limitations of liability set out in this clause are reasonable in light of the nature of our Websites and the Services provided. If you do not think they are reasonable, you must not use our Websites or Services.

11.5 Nothing in these terms and conditions will limit or exclude our liability for death or personal injury resulting from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12. Acknowledgement

12.1 By using our Websites and Services, you acknowledge that we have an interest in limiting the personal liability of our officers and employees and, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Websites or these terms and conditions.

13. Statutory Rights

13.1 Nothing in these terms and conditions will affect your statutory rights as a consumer.

14. Limitation of Claims

14.1 Any claims against us must be brought within one (1) year of the date such claim arose, after which such claim is permanently barred.

15. Indemnity

15.1 You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of our Websites or Services, or your breach of these terms and conditions.

16. Third Party Links

16.1 The Websites may include links to third-party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites, and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

17. Amendments

17.1 We reserve the right to amend these terms and conditions at any time. Such amendments will be effective immediately upon posting of the amended terms on the Websites. Your continued use of the Websites constitutes acceptance of the amended terms and conditions.

18. Termination of Use

18.1 We reserve the right at our sole discretion, to terminate or suspend any user’s access to all or part of our Websites and Services, with or without notice, for any reason, including, without limitation, breach of these terms and conditions. Reasons for termination or suspension may include, but are not limited to:

 18.1.1 Violation of these terms and conditions;

18.1.2  Requests by law enforcement or other government agencies;

18.1.3 Discontinuance or material modification of the Websites or any Service offered on or through the Websites;

18.1.4 Unexpected technical or security issues or problems;

18.1.5 Engagement by the user in fraudulent or illegal activities;

18.1.6 Non-payment of any fees owed by the user in relation to the Websites or any Service.

18.2 Upon determining that a user has breached these terms and conditions or engaged in conduct warranting termination, we will send a notice to the user’s registered email address, if available, outlining the reason for termination or suspension. The user’s access to the Websites and Services will be terminated or suspended immediately upon sending this notice.

18.3 Upon termination or suspension, the user’s right to use the Websites and Services will immediately cease, and we may remove or delete the user’s account and any related information and files in the account. We shall not be liable to the user or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18.4 The user must immediately cease all use of the Websites and Services upon termination or suspension. The user is also responsible for any charges or fees incurred up to the time of termination.

 18.5 A user whose access has been terminated may be considered for reinstatement at our discretion. To seek reinstatement, the user must submit a written request to us outlining the reasons why their access should be restored, including assurances that the behaviour leading to the termination will not recur.

 18.6 Termination of a user’s access to our Websites and Services does not affect any provision of these terms and conditions that, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Force Majeure

 19.1 Neither party shall be liable to the other for any failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of an unforeseen event beyond the reasonable control of such party, including but not limited to acts of God, war, floods, fires, pandemics, lockouts, or strikes.

20. Modification of Services

20.1 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Websites or any Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

21. Complaints Handling

21.1 If you have any complaints or concerns about the Websites or any Services, please contact us through the provided contact information. We aim to respond to all complaints within 3 days and to resolve complaints satisfactorily within 8 weeks.

22. Consent to Electronic Communications

22.1 By using our Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

23. Disclaimer of Warranties

23.1 The Websites and Services are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Websites will operate error-free or that the Websites, its servers, or the content are free of computer viruses or similar contamination or destructive features. We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.

24. Governing Law

24.1 These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

25. Jurisdiction

25.1 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these terms and conditions or their subject matter or formation.

26. Dispute Resolution

26.1 In the event of any dispute arising out of or in connection with these terms and conditions, the parties shall first seek settlement of that dispute by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. If the dispute is not settled by mediation within 30 days of commencement of the mediation or such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration under CEDR Rules.

27. Contact

For any inquiries, concerns, or clarifications regarding these Terms and Conditions, please reach out to us through the following channels:

Email: dominique@dominiqueludwig.com

We are committed to providing prompt and efficient assistance. Please do not hesitate to contact us with any questions or feedback related to our services or these terms. Our dedicated team is here to support you and ensure your experience with us is as seamless as possible.