Jools & KMERA ltd Terms & Conditions

The terms and conditions listed below, as well as any other law or regulation that applies to this website (the ‘Site’), the Internet or the Worldwide Web, apply to all Site users.

Jools is a registered trademark, property of KMERA limited.

KMERA limited (“we”, “us” or “our”) provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (“TOU”). By using the Site, you agree to be bound by these TOU. We may, in our sole discretion, modify these TOU with or without notice to you. Please continue to periodically review these TOU when using the Site. By continuing to access and use the Site after these TOU have been modified, you are agreeing to such modifications. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU.

2. DESCRIPTION OF SERVICE
The Site contains information about Jools, including nutrition information, health benefits, research studies, promotional and other offers. The Site and the information, features and services available through the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information. 

THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTH CARE ADVICE. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING LABELS. YOU SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENT, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM.

3. REGISTRATION
You may be required to register for and create an account with the Service in order to access certain information and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

We gather information through “cookies” which are small files of electronic information that allow the host to keep records of your website visits and personalize the website visit for you. We also uses cookies for server diagnostic and website administration and maintenance purposes, for marketing and promotional purposes, to improve the website, to determine which areas of the website are used most often, to enhance your website experience, and to gather general demographic information. We may also use cookies to deliver content specific to your interests. Cookies are not used to report on or track you when you leave this website or any activities beyond this website. The forms on this website may require you to provide contact information, such as your name, address, email address or other information, which, if you have given us permission to do so, will be used to send you information about our goods and services and promotional material from us. We consider your information to be privileged and confidential and it will not be given to any third-party except if required to do so by law, court order, or as required by other governmental or legal entities. In addition, we may disclose information in special cases when there is a reason to believe that disclosure of the information is necessary to identify, contact or bring legal action against a person who may be causing injury to or interference (either intentionally or unintentionally) with the rights or property of us, other visitors to this website, or anyone else potentially harmed by such activities. 

Any personal or other information you provide to us is subject to our Privacy Policy. For more information, see our full Privacy Policy. 

Kids under 13: Do not send us any information about yourself, including your name, address or email address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

4. THIRD-PARTY WEBSITES
The Service may provide links to Websites or resources outside of the Site. Because we have no control over external sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any Websites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Websites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Websites on the Service.

5. SUBMISSIONS
While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary. Any Content you transmit to or post on the Site may be used or published by us or our affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media throughout the world and in perpetuity without restriction or compensation to you. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

6. POSTINGS/USER CONDUCT
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. 

You may not use the Services or the Site to:
interfere with any other user’s use of the Services;
conduct any unlawful activity
intentionally solicit or harm minors in any way
misrepresent your own identity or any affiliation that you may have;
modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Services, Site or Content;
alter or remove any copyright, trademark or other proprietary rights notices;
“frame”, “mirror”, or “deep link” any part of the Site or Content;
link to any page within the Site or Content from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.

7. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) 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 Service.

8. TERMINATION
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of these TOU or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post images or Content to the Site that infringe the copyright of any third-party, such conduct shall be grounds for immediate termination of your account.

9. OUR PROPRIETARY RIGHTS
Jools and KMERA, our logo and the name of the products that we produce are registered trademarks of KMERA limited or its affiliates. We will enforce our intellectual property rights to the fullest extent of the law. You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part. In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way or manner without our prior written permission. 

You are granted a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose whatsoever. The establishment of any link between any other website and the Site (or any Content) or “mirroring”, “cloning”, redirecting” or “framing” any part of the Site (or any Content) is strictly prohibited without our prior written consent.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT DISTRIBUTOR WEB SITES. 

b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 

c. ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL. 

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. NOTICE
The Service may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices or links to such notices to you generally on the Service.

14. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask our visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by materials on the Site, please provide our Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has
been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner ™s behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows by mail at hr@kmera.com

15. ARBITRATION
These Terms and Conditions are governed by the laws of England and Wales. By using the Site you agree to submit to the exclusive jurisdiction of the English courts (or Scottish courts if you are resident in Scotland) in the event of any dispute.

16. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOU and the relationship between you and us shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed above. Please report any violations of the TOU to hr@kmera.com

Jools & KMERA ltd PRIVACY POLICY

The terms and conditions listed below, as well as any other law or regulation that applies to this website (the ‘Site’), the Internet or the Worldwide Web, apply to all Site users.
Jools is a registered trademark, property of KMERA limited (KMERA).
At KMERA we are committed to maintaining the trust and confidence of our visitors to our web site.
Your privacy is important to us.
This privacy policy (the “Policy”) describes how KMERA treats personally identifying information and non-personal information that KMERA collects and receives. Personal information means any information that may be used to identify you, such as, your name, title, phone number, shoe size, email address, or longitude and latitude (your postcode would make things easier). This Policy applies to www.kmera.com and www.joolsdrinks.com web sites and any other website owned by KMERA, and it does not apply to banners, sweepstakes and other advertisements or promotions that we may sponsor or participate in on web sites owned by third parties.

Collection and Use of Personal Information
We use personal information to keep track of your activity on our sites, to improve our marketing and promotional efforts, to statistically analyze web site usage and to offer you the best possible navigation experience. When you provide us with personal information, you are authorizing us to use that information in accordance with the terms of this Policy, which includes your right to limit our use of your personal information as described in this Policy.

The web site you entered may also collect personal information from you about a third party (e.g., the site might allow you to send an email or message to a friend, in which case we will need that person’s name and email address). Please note that we use such information only for the specified purpose (e.g., to deliver the email message) and we will not contact the third party again by email unless and until the third party contacts us.

You may have heard of “cookies”. We’re not talking about chocolate chips I’m afraid, but small files or pieces of information that are stored by your browser on your computer’s hard drive when you visit a web site. The use of cookies is an industry standard and you will find them at most web sites. KMERA uses cookies to collect information about your use of our web sites, such as the particular site areas you visit and the activities in which you participate at our web sites. These cookies do not allow us to collect or receive personal information.

Your Consent
By using our web site, you consent to the collection and use of the information you provide to us as outlined in this Privacy Policy. We may change this Privacy Policy from time to time and without notice, so make sure you check back occasionally.
If we change our Privacy Policy, we will publish those changes on this page.
If you have any questions or concerns about our collection, use or disclosure of your personal information, please drop us a line at hello@drinkJools.com
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