These Terms of Use, together with any and all other documents to which they refer, set out the terms of use under which you may use this website, zestfulzen.co.uk, (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them.  

These Terms of Use apply to Our Site, and the content, features, services, social media channels and applications offered by Zestful Zen Wellbeing & Coaching (collectively “Our Service”).   By using Our Site (and/or Our Service), you are deemed to accept that these Terms of Use apply and are deemed to be agreeing to comply with and be bound by them. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site (or Our Service) immediately.  

1. Definitions and Interpretation  

1.1  In these Terms of Use, unless the context otherwise requires, the following meanings shall apply:  

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer, and associated devices, that appears on or forms part of Our Site (or Our Service, including social media channels);  

“We/Us/Our” means Zestful Zen Wellbeing & Coaching, a sole trader enterprise in England, founded by Holly Bailie;  

“Customer/Member/You/Your/User” refers to you, the person accessing this website and accepting these Terms of Use; and 

“Party/Parties/Us”, refers to both the Customer and ourselves, or either the Customer or ourselves.  

2. Information About Us  

Our Site and Our Service is owned and operated by Holly Bailie and Zestful Zen Wellbeing & Coaching, a sole trader enterprise in England. Zestful Zen provides coaching and mindfulness services, courses, and digital products.

3. Access to Our Site  

3.1 Access to Our Site is free of charge.  

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.  

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site or Our Service (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site, Our Service (or any part of it) is unavailable at any time and for any period.  

3.4 Our Site and Our Service is directed to people residing in the United Kingdom of Great Britain and Northern Ireland ("the United Kingdom"). We do not represent that content available on or through our Service is appropriate or available in other locations. We may limit the availability of Our Service or any service or product described on Our Service to any person or geographic area at any time. If you choose to access Our Service from outside the United Kingdom, you do so at your own risk.  

4. Intellectual Property Rights  

4.1 All Content included on Our Site and Our Service and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.  

4.2 Subject to 4.3 and 4.6 below, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site or Our Service unless given express written permission to do so by Us.  

4.3 You may:  

4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);  

4.3.2 Download Our Site (or any part of it) for caching;  

4.3.3 Print one copy of any pages from Our Site;  

4.3.4 Download extracts from pages on Our Site; and  

4.3.5 Save pages from Our Site for later and/or offline viewing.  

4.4 We are the owner and author (or the authorised licensee) of the Content on Our Site and Our Service and must always be acknowledged.  

4.5 You may not use any Content saved or downloaded from Our Site or Our Service for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. Our status as the owner and author of Content must always be acknowledged. This does not prohibit the normal access, viewing and use of Our Site or Our Service for general information purposes whether by business users or consumers.  

4.6 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.  

5. Links to Our Site  

5.1 You may link to Our Site provided that:  

5.1.1 You do so in a fair and legal manner;  

5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;   5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and  

5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.  

5.2 You may link to any page of Our Site.  

5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at [email protected] for further information.  

5.4 You may not link to Our Site from any other site the main content of which contains material that:  

5.4.1 is sexually explicit;  

5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;  

5.4.3 promotes violence;  

5.4.4 promotes or assists in any form of unlawful activity;  

5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;  

5.4.6 is intended or is otherwise likely to threaten, harass or materially alarm, inconvenience, upset or embarrass another person;  

5.4.7 is calculated or is otherwise likely to deceive another person;  

5.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;  

5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this 5.4);  

5.4.10 implies any form of affiliation with Us where none exists;  

5.4.11 infringes or facilitates the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or  

5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.  

5.5 We reserve the right to revoke any link to any page of Our Site and/or Our Service, including our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.  

6. Links to Other Sites  

Links to other sites may be included on Our Site or Our Service. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site or Our Service is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 7. Disclaimers  

7.1 Nothing on Our Site or Our Service constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action where the consequences may be serious.  

7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site or Our Service will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  

7.3 We make reasonable efforts to ensure that the Content on Our Site and Our Service is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  

8. Our Liability  

8.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site and/or Our Service or the use of or reliance upon any Content included on Our Site or Our Service.  

8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site and/or Our Service, or any Content included on Our Site and/or Our Service.  

8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.  

8.4 We exercise all reasonable skill and care to ensure that Our Site and Our Service is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site and/or Our Service (including the downloading of any Content from it) or any other site referred to on Our Site or Our Service.  

8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site or Our Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.  

8.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.  

9. Force Majeure  

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.  

10. Viruses, Malware and Security  

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.  

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.  

10.4 You must not attempt to gain unauthorised access to any part of Our Site or Our Service, the server on which Our Site and/or Our Service is stored, or any other server, computer, or database connected to Our Site or Our Service.  

10.5 You must not attack Our Site or Our Service by means of a denial-of-service attack, a distributed denial-of-service attack, or by any other means.  

10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site and Our Service will cease immediately in the event of such a breach.  

11. Acceptable Usage Policy  

11.1 You may only use Our Site and/or Our Service in a manner that is lawful. Specifically:  

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;  

11.1.2 you must not use Our Site or Our Service in any way, or for any purpose, that is unlawful or fraudulent;  

11.1.3 you must not use Our Site or Our Service to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and  

11.1.4 you must not use Our Site or Our Service in any way, or for any purpose, that is intended to harm any person or persons in any way.  

11.2 We reserve the right to suspend or terminate your access to Our Site and/or Our Service if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:  

11.2.1 suspend, whether temporarily or permanently, your right to access Our Site and/or Our Service;  

11.2.2 issue you with a written warning;  

11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;  

11.2.4 take further legal action against you as appropriate;  

11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or  

11.2.6 any other actions which We deem reasonably appropriate (and lawful).  

11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.  

12. Privacy and Cookies  

Use of Our Site and/or Our Service is also subject to our data privacy and cookie policies. See zestfulzen.co.uk/privacy. These policies are incorporated into these Terms of Use by this reference.  

13. Contacting Us  

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at zestfulzen.co.uk/contact.  

14. Communications from Us  

14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Use.  

14.2 We may send you marketing emails, according to the provisions of our privacy policy (see zestfulzen.co.uk/privacy). You may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.  

14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or using any of the methods provided on Our contact page at zestfulzen.co.uk/contact.  

15. Data Protection  

15.1 All personal information that We may use will be collected, processed, and held in accordance with applicable Data Protection Legislation and your rights under that legislation. “Data Protection Legislation” means the applicable data protection and privacy laws including, but not limited to, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), the Data Protection Act 2018 and any applicable national laws, regulations, and secondary legislation in England and Wales concerning the processing of personal data or the privacy of electronic communications, as amended, replaced or updated from time to time.  

15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy and cookie policies at zestfulzen.co.uk/privacy.  

16. User Generated Content  

16.1 You understand that all information, including your name and email address; data, including your IP address and other personally and non-personally identifiable information we collect about you through Our Site or Our Service, including information we collect from your social media profiles if you access Our Service through our social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through Our Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content.  

16.2 By using Our Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through Our Service by us, that is offensive, indecent or objectionable. The views expressed by other users on Our Site and/or Our Service do not represent our views or values.  

16.3 You are solely responsible for securing and backing up your User Content.  

16.4 Any content you upload to our Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content.  

16.5 Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of Our Site or Our Service. You will ensure that any User Content which you contribute to Our Site or Our Service will be accurate (where it states facts) and be genuinely held (where it states opinions).  

16.6 While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.  

16.7 By submitting or posting your User Content to or on Our Site or Our Service, you grant us, and our affiliates, agents, third-party partners, and assignees a worldwide, non-exclusive, irrevocable, sublicensable, transferable and royalty-free license in perpetuity to host, display, transmit, distribute, reproduce, modify, edit, translate, copy, create derivative works from, store, archive, cache, sell, promote, sublicense and otherwise your User Content in any and all manner and media, whether now known or hereafter devised, and you release all moral rights and similar rights in and to your User Content.  

16.8 You further perpetually and irrevocably grant Zestful Zen the unconditional right to use your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.  

16.9   You agree that you either:  

16.9.1 own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or  

16.9.2 you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Zestful Zen these licenses. Upon Zestful Zen’s request, you will furnish Zestful Zen any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Zestful Zen reserves the right to remove any User Content from Our Site or Our Service, including our social media channels at any time in our sole discretion.  

17. Law and Jurisdiction  

17.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.  

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence and nothing in 17.1 above takes away or reduces your rights as a consumer to rely on those provisions. In addition, the jurisdiction of the courts in relation to any dispute concerning these Terms of Use shall be determined by reference to your residency.  

17.3 If you are a business, any disputes concerning these Terms of Use or dealings between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.  

17.4 Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  

17.5 If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.  

17.6 The headings in these Terms of Use are for convenience only and have no legal or contractual effect.  

18. Changes to these Terms of Use  

18.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site and/or Our Service after the changes have been implemented. You are therefore advised to check this page from time to time.  

18.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.  

These Terms of Use were last updated on 1 August 2024   © Zestful Zen Wellbeing & Coaching 2024 All Rights Reserved