Terms and Conditions | SmallerKnickers™

SmallerKnickers™ Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY

Sections included:

Introduction and About Us
Registration for Members
Your Right to Cancel
Re-subscriptions and Cancellation
Payment
Complaints
Reviews, Feedback and Comments
Health Disclaimer: Medical Policy, People diagnosed with medical conditions, Exercise Fact Files
Intellectual Property and Copyright
External Links
Linking to the Website
Liability and Indemnity
Privacy Policy
General
Governing Law and Jurisdiction

INTRODUCTION

This document (together with any documents referred to in it) tells you the terms and conditions applicable to the SmallerKnickers website and programmes.

We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

ABOUT US

This Website is owned and operated by KD Partners (‘we’/’us’/’our’), trading as SmallerKnickers™.

REGISTRATION FOR MEMBERS (as and when available)

When registering on the Website you must choose the email used for your Paypal account and password. You are responsible for all actions taken under your chosen email and password.

By registering on the Website you undertake:

That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
To notify us immediately of any changes to the information provided on registration or to your personal information
That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Membership from this Website in conjunction with and under their supervision
To only use the Website using your own email and password
To make every effort to keep your password safe
Not to disclose your password to anyone
To change your password immediately upon discovering that it has been compromised
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due
You breach these Conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

YOUR RIGHT TO CANCEL MEMBER REGISTRATION

Your right to cancel your online membership. If you become a member of SmallerKnickers via this website you have the right to cancel your membership within 7 days after subscribing to one of the SmallerKnickers packages.

The right to cancel your membership ends once you have begun to use the SmallerKnickers website. Information that follows constitutes part of our services to our members. Because our service starts immediately on entering the members’ homepage, by accessing this information you will have utilised our services and your right to cancel your new membership will have ended.

RE-SUBSCRIPTIONS AND CANCELLATION

If you wish to cancel, please do so via the tab on the website, or notify SmallerKnickers in writing via the website at info@smallerknickers.com. Please clearly state your full registration name, registered e-mail address and membership number.

If you do not receive a response within 7 days, please contact us again.

It is each member’s responsibility to cancel their membership.

We will give you 4 weeks notice if we wish to terminate the provision of the SmallerKnickers online services to you. Upon termination we will cease charging you and we will not collect any further payments.

To subscribe to one of the SmallerKnickers online options we request the following personal information: username and email address.

PAYMENT

Payment for Membership (as and when available) is made via Paypal. You will be asked to set up a Paypal account, if you don’t already have one linked to the email address you use for the subscription. Via the Paypal account you can pay by any major prepay, credit or debit card or through an electronic payment account.

By subscribing or ordering, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form or website.

The recipient name on your Paypal account will show as KD Partners.

When you pay for your subscription by card, Paypal may carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

All credit card data is stored on PayPal servers only.

By accepting these Terms and Conditions you:

Undertake that all the details you provide to us for the purpose of purchasing the Membership Services and Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the order.
Undertake that any and all Goods or Services ordered by you are for your own private or domestic use only and not for resale
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

We shall contact you should any problems occur with the authorisation of your payment.

Payments for Workshops will be invoiced ahead of the agreed dates, with bank transfers available to Barclays Bank. Full payment must be received before the Workshop commences.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

COMPLAINTS

If you have a comment, concern or complaint about any Goods or Services you have purchased from us, please contact us via email at info@smallerknickers.com or by post 8 Kingswood Grange, Babylon Lane, Lower Kingswood, Surrey KT20 6UY.

REVIEWS, FEEDBACK AND COMMENTS

You acknowledge that any review, feedback or comment which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

You undertake that any review, feedback or comment that you write shall:

Comply with applicable law in the UK and the law in any country from which they are posted
Be factually accurate
Contain genuinely held opinions (where applicable)
Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
Not be used to impersonate any person, or to misrepresent your identity

You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

We reserve the right to publish, edit or remove any reviews without notifying you.

HEALTH DISCLAIMER OR WARRANTY AND LIABILITY

The SmallerKnickers website (and programmes) is designed for information purposes only. It is not intended as a substitute for any advice or treatment prescribed by a doctor. Information given here should not be used for diagnosing or treating a health or mental health problem. If you have a medical condition, which may be adversely affected by changing your thought patterns, exercise and/or diet, you should consult your doctor before following any information given here.

The information provided on this website has not been written to meet your individual requirements.

The information provided to you on this site is based on our best understanding of nutritional, dietary, fitness and neurological research. It follows generally accepted standards of dietary recommendations in the United Kingdom.

Medical policy

SmallerKnickers is a guide to understanding how your brain and body work and is not intended as a substitute for any advice or treatment prescribed by a doctor.

It is the responsibility of each member to ensure that there are no medical reasons why they should not choose to change your eating habits and exercise regime. If in any doubt at all, members should check with their doctor. If you have, or if you are concerned that you may have an eating disorder it is important to consult your doctor for advice.

People diagnosed with medical conditions

There is always a risk that any weight changes you experience could be due to your illness rather than dietary adjustments and we would be concerned about supporting you properly and fully in your weight loss campaign. If you are looking to lose weight during your illness or treatment, we would encourage you to discuss your weight concerns with your doctor or specialist.

Exercise fact files

If you have a medical condition, which may be adversely affected by exercise you should consult your doctor before following any exercise information given. It is required that each member takes personal responsibility for themselves when doing any exercise which has been suggested by SmallerKnickers. If at any time while exercising a member feels any ill affects then they must stop doing the exercise and it is advisable that they check this out with their doctor.

We always recommend members follow the medical and any dietary advice they have been given by their doctor or other health professional.

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to KD Partners (trading as SmallerKnickers), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

Goods and services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

We are not responsible for the direct or indirect consequences of you linking to any other website from this website. This website may contain links to websites operated by other parties. These links are provided for information only. We have no control over the content of these linked websites and files and we cannot ensure it will not be offensive or objectionable or defamatory or a malicious falsehood. We are not responsible for any loss, injury or damage, including any legal costs or expenses, arising from their content or performance. Our inclusion of links to other websites does not imply any endorsement of their content or any association with their operators.

Use of this website is conditional upon your agreement to indemnify KD Partners and not to hold the company liable in any way for the results of any action you may take based on the material contained on this site.

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

LINKING TO THE WEBSITE

You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

Any agreed link must be:

To the Website’s homepage
Established from a Website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

LIABILITY AND INDEMNITY

Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

Death or personal injury resulting from our negligence
Fraud or fraudulent misrepresentation
Action pursuant to section 2(3) of the Consumer Protection Act 1987
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

We will not be liable if the Website is unavailable at any time.

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
any loss of goodwill or reputation; or
any special or indirect losses; or
any loss of data; or
wasted management or office time; or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

PRIVACY POLICY

KD Partners trades under the name SmallerKnickers™. KD Partners respects the privacy of visitors to its websites and is committed to the protection of their personal information. This privacy policy (which can be viewed separately HERE) explains data collection and use practices of the KD Partners site (the “Site”).

Binding Nature

By accessing and using the Site, you agree and consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy.

Description of the information KD Partners may collect

Personally Identifiable Information

KD Partners collects personally identifiable information (i.e. information from which you can be identified, such as but not limited to name, address, telephone number or e-mail address) only when it is asked for and/or you voluntarily submit it to us on this Site.

We may use the information to respond to your requests, improve our level of service and the content of our website; provide you with tips, helpful information, product news, offers and updates; notify you of new KD Partners products and services; seek your views on our products and services; and for our own internal purposes.

This Site is not intended or designed to attract children under the age of 13. We do not knowingly collect personally identifiable information via this Site from visitors in that age group without the explicit consent of a parent or guardian.

Non-Personally Identifiable Information

KD Partners also collects non-personally identifiable information in aggregate form using cookies to track data such as the total number of visits to our websites, the number of visitors to each page of our websites, and the domain names of our visitors’ internet service providers. We use this information, which remains in aggregate form, to understand how our visitors use our websites so that we may improve them and the services we offer. We may also share this information with other companies within KD Partners and with other third parties. No personally identifiable information is disclosed in this process.

Use of cookies by KD Partners

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

We use a number of third parties to process personal data on our behalf. These third parties have been carefully chosen and all of them comply with current legislation and if based in the USA are EU-U.S Privacy Shield compliant.

This Site uses cookies and collects information for the following reasons:

Google Analytics

The Site uses Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it. For more information, please see the Google Privacy Policy. Disabling cookies on your internet browser will stop Google Analytics from tracking any part of your visit to pages within this website.

WordPress

We use a third-party service, WordPress, as a platform for the Site, which is hosted with Hostgator. The blog allows for comments however you should avoid entering personally identifiable information on any section of the site that will be displayed publicly. For more information, please see Hostgator Privacy Policy.

How we protect your personal information

KD Partners is committed to protecting the security of your personal information. KD Partners uses a variety of security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure.

For example, we store the personal information you provide to KD Partners on the Microsoft Cloud and Apple Cloud. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every commercially reasonable effort to prevent such unfortunate occurrences. For more information, please see the Microsoft Privacy Centre and Apple Privacy Centre.

We may also store the personal information you provide to Dropbox. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every commercially reasonable effort to prevent such unfortunate occurrences. For more information, please see the Dropbox Privacy Centre.

Only employees who need to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.

Sharing Personally Identifiable Information with Third Parties

KD Partners will not sell or rent personally identifiable information to any third party for any purpose. Sometimes selected third-parties are however used to provide KD Partners with support services in connection with its websites and such parties may, from time to time, have access to your information to enable them to provide those services to KD Partners. Please rest assured that all companies providing such support services are required by KD Partners to meet the same standards of data protection as KD Partners and are prohibited from using the information for their own marketing purposes.

In certain special cases, we may disclose your personally identifiable information in the following circumstances:

when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with KD Partners’ rights, property or operations, other users of this site, or anyone else who could be harmed by such activities; or
when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

Personal information collected on the Site may be stored and processed in your country of residence or any other country in which KD Partners or its affiliates, subcontractors or agents maintain facilities, and by using the Site, you consent to any transfer of information outside of your country of residence. KD Partners will ensure that if information is transferred outside your country of residence, it will still be treated in accordance with this privacy policy.

Links to Other Websites

This Site may provide links to other KD Partners affiliates and third-party websites as a service to our users or included in our blogs. The privacy policy described here does not apply to those sites. Please ensure you check the legal and privacy policy posted on each site you link to.

For example, payments made to KD Partners is through Paypal and for more information on their privacy policy see Paypal Privacy Policy

Changes

We may occasionally update this privacy policy. We encourage you to periodically review this privacy policy to stay informed about how we are helping to protect the personal information we collect. You may object to any changes within 20 days after they’re posted on the Site, in which case none of the proposed changes will be effective with respect to information that we’ve already collected from you but will apply only to information we collect in the future. We won’t treat information of any open account differently from any other open account. Your continued use of the Site constitutes your agreement to the privacy policy and any updates.

Change Log

April 2018: Updated to include GDPR compliance
March 2024: remove Aweber

Controlling your personal information

You may choose to restrict the collection or use of your personal information by contacting info@smallerknickers.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the UK Data Protection Act 1988 (DPA), EU Data Protection Directive 1995 (DPD), or EU General Data Protection Regulation 2018 (GDPR). There will be no cost to you for us to provide this information. If you would like a copy of the information, please contact us at info@smallerknickers.com.

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Consent

To the extent permitted by law, we do not accept liability for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the site or its contents, or from any action or omission taken as a result of using the site or its contents.

By using our site, you consent to our privacy policy.

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

All prices and descriptions supersede all previous publications. All product descriptions are approximate.

Every effort is made to keep information on the Website up to date. However, we do not guarantee that this is the case.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

All Contracts are concluded and available in English only.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom.

Every purchase you make shall be deemed performed in England and Wales.

The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.