This agreement
applies to and between you, the User of this website and Nilbon LTD www.nilbon.com . Your agreement to comply with and
be bound by these Terms and Conditions is deemed to occur upon your first use of this website. We like to
ensure you are comfortable when using our website but If for any reason you do not agree to be bound by
these Terms and Conditions, we regret, but you have to stop using the Website immediately. Please read these
Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website or ordering any
service (the “Service”) provided by Nilbon LTD (“Nilbon”, “us”, “we”, or “our”) through our trusted
complementary therapists and/or coaches.
In this Agreement
“you” and “your” refer to our customers, prospective customers and users of our website and services,
“Nilbon”, “we”, “company”, “us” and “our” refer to Nilbon LTD or www.nilbon.com and “Service” refers to the
services provided by us. Party”, “Parties”, or “Us”, refers to both the users/Customers and ourselves, or
either the user/Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment
necessary to assist our customers in the most appropriate manner, for the express purpose of meeting the
customer’s needs in respect to the Company’s stated services and accordance with and subject to, prevailing
laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she
or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of
our services is subject to this Agreement, which may be updated by us from time to time without prior notice
to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our
website. In addition to this Agreement, specific services or information contained within this website may
be subject to additional posted terms or guidelines applicable to such services. All such terms or
guidelines are hereby incorporated by reference into this Agreement.
By using
www.Nilbon.com (the “Site”) or any of our services
(“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and
agree to comply with all applicable laws and regulations.
Unauthorised
access
It is unlawful to try and gain unauthorised access to this website, its servers, or any computer or database
connected to this website. This is a user friendly and very accommodating website, you should, therefore,
avoid attacking the Site via a denial-of-service attack or a distributed denial-of-service
attack.
If you do this, we
will be forced to 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, we will be forced
to stop providing any further service to you.
Whilst we do all we
can to ensure users are well protected and do not suffer any loss or harm, we will not be held 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 Site or to your downloading of any material posted on it, or on any website
linked to it. We advise all users to adequately protect their computers by using up-to-date
anti-virus.
Age
restriction
This Site is offered
and available to users who are 18 years of age or older. If you are under 18, you may only use this site
with the expressed consent and supervision of your legal guardian or parent. By using this Site, you
represent and warrant that you are of the required legal age stated on this website.
Our
Services
At Nilbon, we
Complementary Therapy and coaching sessions for management of chronic pain and musculoskeletal pain by
focusing on various pillars of well-being. Through our experience complementary therapists and/or coaches,
we provide online 1:1 sessions. Sessions take place via Zoom and are only available to people over the age
of 18 and residing in the UK. Our classes are delivered by certified complementary therapists and/or coaches
and are designed to help with the management of lower back pain, back pain, arthritis and general chronic
pain, through meditation, mindfulness, breathing exercises and mindful and gentle movement. We provide
remote services to ensure convenience and accessibility to our customers. We pride ourselves on providing
good and quality service to our customers. Our complementary therapists and/or coaches aim to design every
session to meet the individual needs of each customer and deliver efficiency, quality and satisfactory
service.
Payments
In consideration of
the services provided, you will be required to make payments via your credit/debit card and through the
payment gateways available on our website.
The total cost for a
service/plan will depend on the service/plan you have selected. While we may offer a base rate per session,
this price is not fixed and may be changed at any time and our sole discretion. Prices may vary depending on
complementary therapists and/or coaches rates and the duration of your session.
For any special
requests/requirements that are not covered under our regular services or not stated on our website, we may
charge an extra fee for such service.
You may be asked to
supply certain information relevant to your Purchase including, without limitation, your name, your phone
number, house address, billing address, email address, card details and any such information needed by us
for you to complete payments.
Refund and
Cancellation Policy
In the event that a
user is unable to attend or is running late for a session, the user must duly notify (usually an hour before
the scheduled time for the session) us via email at niloofar.br@nilbon.co.uk. or send a message to their
designated complementary therapists and/or coaches of such absence or lateness. Any unattended session shall
not automatically result in a refund and users understand that by not attending a session, Nilbon may retain
any paid fee for such session without any recourse to the customer. Notwithstanding the foregoing, should
the customer duly notify us of their absence from a session for reasons beyond their control, we may at our
discretion reschedule the session for a later date. This shall be at our sole discretion and not
guaranteed.
For 1-to-1 sessions,
clients can make full payment for their sessions at least 24 hours prior to their class. They should
communicate with their complementary therapists and/or coaches in the event that they need to cancel or
reschedule a session. However, all notices for cancellation or rescheduling must be made at least 2 working
days in advance. Any cancellation or rescheduling notice made within 2 workings days of the scheduled
class/session shall be denied with no recourse to a refund.
Fraudulent
Transactions
In the event of any claim that your payment card has been used without your permission or any other
fraudulent use of payment cards, we will assist the bank and authorities with any investigations including
providing them with all the details we have about you, card authentication and any communications through or
related to the website and service ordered. Falsely making any such fraudulent claims can result in your
card being blacklisted which will affect your future card purchases. Denying a purchase that you have made
is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment
of your credit rating.
Intellectual
Property
Subject to other
terms in these Terms and Conditions, all Content included on this website including, but not limited to,
text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying
code and software are the property of Nilbon and our affiliates or other relevant third parties. By
continuing to use the website, you acknowledge that such material is protected by applicable intellectual
property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from
this website unless otherwise indicated on the website or unless given express written permission to do so
by us.
Service(s) under
this website shall be considered as work for hire. Thus, it is expressly agreed that Nilbon is acting as an
independent contractor and not as an employee. The agreement between you and Nilbon does not create a
partnership or joint venture or a franchise and is exclusively a contract for service.
Links to Other
Websites
This website may
contain links to other websites. Unless expressly stated, these websites are not under the control of Nilbon
or that of our affiliates or complementary therapists and/or coaches. We assume no responsibility for the
content of such websites and disclaim liability for any and all forms of loss or damage arising out of their
use. The inclusion of a link to another website on this Site does not imply any endorsement of the websites
themselves or those in control of them.
Use of the
Website
- When using the
website and our service, you shall act in accordance with the following rules: - It is
advised that submissions are made using the English language; - The means by
which you identify yourself must not violate these Terms and Conditions or any applicable
laws; - You must be
polite to our complementary therapists and/or coaches, you shall not use any swear words or make any
racist, offensive, sexist, threatening words towards them; - You must not
use our website for illegal activities; - You must not
display, publish, copy, print, post, modify or otherwise use the Site and the information contained
therein for the benefit of any third party or website without our prior written
consent; - Any attempts
to publish or send malicious content with the intent to compromise this site is strictly
prohibited; - You may not
create a false identity on the website, misrepresent your identity, create a profile for anyone
other than yourself (a real person), or use or attempt to use another user’s account or information;
Your profile information, including your name, address, payment information etc., while may be kept
anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise
harmful.
User
Account
In order to use our
services and certain features available on the website, you may be required to set up an account with us and
provide certain information about yourself. You are responsible for maintaining the confidentiality of your
account password. You are also responsible for all activities that occur in connection with your account.
You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close
your account at any time for any or no reason.
Your account is for
your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate
information about yourself. You may not impersonate someone else, create or use an account for anyone other
than yourself, provide an email address other than your own, or create multiple accounts.
By continuing to use
this Website, you represent and warrant that
- all
information you submit is accurate and truthful; - you have
permission to submit Payment Information where permission may be required; and - you will
keep this information accurate and up to date.
We accept no
liability for any losses or damages incurred as a result of your Account details being shared by you. If you
use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you
should contact Nilbon immediately to suspend your Account and cancel any unauthorised orders or payments
that may be pending.
Termination
We may terminate our
service with you If we observe you have breached any terms of this agreement. You will be notified by email
and an explanation for the termination will be provided. Any money paid by you to us prior to such
termination shall be non-refundable.
Our
responsibilities/Warranties
Your safety when
using our website is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your
safety when using our Website. Please kindly note that whilst your security is paramount to us, remember
that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to
use commercially acceptable means to protect your transactions on our website, we cannot guarantee its
absolute security.
We will do our best
to maintain the operation of the website for the Service, however, we may need to temporarily suspend the
website for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore
the Site as soon as reasonably possible after any suspension.
If we cannot do what
we have promised in these Terms because of something beyond our reasonable control (fire, public or
governmental orders, war or any other unforeseen and uncontrollable event), we will not be liable for this.
We shall find a reasonable time where possible to provide services after the unforeseeable event/situation
has passed. If for whatever reason we are unable to provide services herein this agreement due to our
negligence or omission, we shall duly refund your money.
We warrant that we
will take all reasonable care in performing our duties to you. We also warrant to deliver the service at the
due time as agreed by the parties. We, however, make no warranty or guarantee that such service(s) will
always meet your requirements. In the event of any dissatisfaction or faults with our service, we are only
liable to the extent of our return and cancellation policy.
Disclaimers
We do not make any
warranty or representation that the website will meet your requirements, that it will be fit for a
particular purpose, that it will be compatible with all systems, that it will be secure, and that all
information provided will be accurate. We make no guarantee of any specific results from the use of the
Service or Services mentioned on our website.
We make no guarantee
of any specific results from our sessions. Our plans/programmes/coaching is “as is” and we do not make any
guarantee that it shall be fit for a particular purpose or that it will be suitable to you or third parties
that might be using it. You partake of this class/plan/program at your discretion and risk.
We offer our
services solely as a complementary health service. The sessions discussed is intended to support your health
and provide fitness. Any advice given by us through our complementary therapists and/or coaches should not
be interpreted as medical advice and is not intended to diagnose, treat or cure any medical problems or
illness, or to be a substitute for advice from your physician or other healthcare professional. To ensure
all plans/programs are well suited to a customer’s needs and health requirements, we may require customers
to share some medical records or reports with us and fill out some questionnaires. You hereby warrant to
provide such medical information to help us provide the best services to you. Should you provide an
inaccurate, false or incomplete medical report or record, we shall not be held liable for any loss, damage
or injury suffered due to such omission or negligence in not sharing such record with us. If you experience
any significant pain or wish to cancel mid-session due to any discomfort, we are happy to cancel such a
session. If ever unsure, you should discuss any recommendations or routines we have advised with your
primary physician or an independent health practitioner.
While we try to
ensure our sessions are gentle and non-invasive, it is possible in some sessions to experience some physical
discomfort or emotional distress that can be perceived as painful. You agree to promptly inform your
complementary therapists and/or coaches during this session if you experience any emotional distress and/or
physical discomfort during your session. If appropriate, you will be referred to an appropriate professional
health care provider for further assistance.
Nilbon complementary
therapists and/or coaches do not have medical, or psychotherapy or psychology background and their comments
and instructions should not be taken as medical advice or therapy. As our classes are online, we cannot
assure the health and safety of our clients and they are responsible to make sure that the setting that they
practice in, is safe and fit for purpose and they have enough room. If they have any condition that affects
their practice, our clients are responsible for sharing that with their complementary therapists and/or
coaches. Clients are responsible for providing accurate information for the purpose of their sessions so
that we can provide legitimate service to them. By taking part in our online classes, clients are consenting
to our complementary therapists and/or coaches seeing the inside of their house or where they
practice.
Whilst every effort
has been made to ensure that all descriptions of Services available on our website correspond to the actual
Services, we are not responsible for any variations from these descriptions. This does not exclude our
liability for mistakes due to negligence on our part and refers only to variations of the correct services,
not different services altogether.
Whilst we do our
best to ensure this website is secure and free of errors, viruses and other malware, all users are advised
to take responsibility for their security, personal details and computers.
Third-party websites
with links from the Site have not been verified or reviewed by Nilbon. Except otherwise stated, the use and
access of such third-party websites are made at your own risk.
Modification of
Service and these Terms and Conditions
Nilbon reserves the
right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by
any changes to the Terms and Conditions from the first time you use the website following the changes. If
we are required by law to make any changes to Terms and Conditions, these changes will apply automatically
to any transaction currently pending in addition to any transaction placed by you in the
future.
Limitation of
Liability
To the maximum
extent permitted by law, Nilbon accepts no liability for any direct or indirect loss or damage, foreseeable
or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of
this website, any information contained therein or the use of our service. Users should be aware that they
use our service and this website at their own risk. We accept no liability for any disruption or
non-availability of this website resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, third party (such as zoom or other meeting platforms) server failure,
communications network failure, power failure, natural events, acts of war or legal restrictions and
censorship.
Unless it is caused
by us and is reasonably foreseeable, we will generally not be liable for:
- Any
incorrect or inaccurate information on the Site and all interruptions to or delays in updating our
website/Service; - The
infringement by you of any third-party Intellectual Property Rights; - Loss or
damage due to viruses or other malicious software that may infect a user’s mobile device, computer
equipment, software, data or other property caused by the user accessing, using or downloading
content from this website, or from transmissions via emails or attachments received from Nilbon or
its licensees; - The Injury
suffered by you as a result of using our service or due to your negligence. - Medical
issues or other information that you reasonably should have mentioned before commencing this program
but fail to mention.
Indemnification
You agree to
irrevocable release, indemnify, hold harmless and defend Nilbon, our agents, representatives, consultants,
affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss,
damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or
otherwise which you may incur arising at any time out of or in connection with your sessions.
No
Waiver
Any default, delay
or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of
any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed
payment by you at any time.
Warranty
You warrant that you
do not suffer from any physical, mental or medical condition that would preclude you from participating in
any of our sessions. You hereby accept any risk of injury as a result of your participation in any of our
sessions. It is your responsibility to inform your complementary therapists and/or coaches of any medical,
mental or physical conditions that you may have, or any changes in your physical condition that might in any
way adversely affect your ability to participate in the sessions safely. You hereby release and hold
harmless Nilbon from any and all liability, damage, expense, cause of action, suit, claim and judgment
arising from injury, damage or loss to you or your personal property which may arise out of your
participation in our session.
Severability
In the event that
any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all
other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable
parts severed from the remainder of this Agreement.
Resolving
disputes
Any dispute between
users and Nilbon arising from this Agreement shall be resolved through mediation if not resolved informally
by the parties within 15 days of the dispute arising. If the dispute cannot be resolved through mediation,
then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon
by the parties. The cost of mediation and arbitration shall be borne by the party bringing the dispute or
claim.
We encourage
users/customers and complementary complementary therapists and/or coachess to try and settle conflicts
amongst themselves. If for any reason this fails, please feel free to contact us on the contact details
provided on our website. We would try and resolve the issue and make a decision. If you are unsatisfied with
our decision, then the dispute will be resolved through binding arbitration conducted by an expert
arbitrator as agreed by the parties. Any arbitration fees shall be borne by the party bringing a
claim.
Law and
Jurisdiction
These Terms and
Conditions and the relationship between you and Nilbon shall be governed by and construed in accordance with
English laws and you agree to submit to the exclusive jurisdiction/courts in England.
Entire
agreement
These Terms, the
Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the
entire agreement between you and Nilbon.
How to contact
us
If you have any
questions about our company’s Terms and Conditions, or you would like to exercise one of your data
protection rights, please do not hesitate to contact us at niloofar.br@nilbon.co.uk or call
+447588187771.
