1.1 This disclaimer shall govern your use of my website.
1.2 By using my website, you accept this disclaimer in full; accordingly, if you
disagree with this disclaimer or any part of this disclaimer, you must not use
2.1 This document was created using a template from SEQ Legal
3. Copyright notice
3.1 Copyright ©2018 David Burness.
3.2 Subject to the express provisions of this disclaimer:
(a) I, together with my licensors, own and control all the copyright and
other intellectual property rights in my website and the material on my
(b) all the copyright and other intellectual property rights in my website
and the material on my website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from my website in a web browser;
(b) download pages from my website for caching in a web browser; and
(c) print pages from my website,
subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this
disclaimer, you must not download any material from my websit
(a) republish material from my website (including republication on another
(b) sell, rent or sub-license material from my website;
(c) show any material from my website in public;
(d) exploit material from my website for a commercial purpose; or
(e) redistribute material from my website.
4.5 I reserve the right to restrict access to areas of my website, or indeed my
whole website, at my discretion; you must not circumvent or bypass, or
attempt to circumvent or bypass, any access restriction measures on my
5. Acceptable use
5.1 You must not:
(a) use my website in any way or take any action that causes, or may
cause, damage to the website or impairment of the performance,
availability or accessibility of the website;
(b) use my website in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity;
(c) use my website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
(d) conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to my website without my express
(e) access or otherwise interact with my website using any robot, spider or
other automated means, except for the purpose of search engine
(f) violate the directives set out in the robots.txt file for my website; or
(g) use data collected from my website for any direct marketing activity
(including without limitation email marketing, SMS marketing,
telemarketing and direct mailing).
5.2 You must not use data collected from my website to contact individuals,
companies or other persons or entities.
5.3 You must ensure that all the information you supply to me through my
website, or in relation to my website, is true, accurate, current, complete and
6. Limited warranties
6.1 I do not warrant or represent:
(a) the completeness or accuracy of the information published on my
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 I reserve the right to discontinue or alter any or all of my website services,
and to stop publishing my website, at any time in my sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
this disclaimer, you will not be entitled to any compensation or other payment
upon the discontinuance or alteration of any website services, or if I stop
publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section
7.1, I exclude all representations and warranties relating to the subject
matter of this disclaimer, my website and the use of my website.
7. Limitations and exclusions of liability
7.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and
elsewhere in this disclaimer:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under this disclaimer or relating to the
subject matter of this disclaimer, including liabilities arising in contract,
in tort (including negligence) and for breach of statutory duty, except to
the extent expressly provided otherwise in this disclaimer.
7.3 To the extent that my website and the information on my website are
provided free of charge, I will not be liable for any loss or damage of any
7.4 I will not be liable to you in respect of any losses arising out of any event or
events beyond my reasonable control.
7.5 I will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or
7.6 I will not be liable to you in respect of any loss or corruption of any data,
database or software.
7.7 I will not be liable to you in respect of any special, indirect or consequential
loss or damage.
8.1 I may revise this disclaimer from time to time.
8.2 The revised disclaimer shall apply to the use of my website from the time of
publication of the revised disclaimer on the website.
9.1 If a provision of this disclaimer is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this disclaimer would be
lawful or enforceable if part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect.
10. Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with English
10.2 Any disputes relating to this disclaimer shall be subject to the exclusive
jurisdiction of the courts of England.
11. Statutory and regulatory disclosures
11.1 I am registered as an Acupuncturist with The British Acupuncture Council in
the United Kingdom and am subject to their rules and code of conduct which
can be found at https://www.acupuncture.org.uk/public-content/effectivepractice/bacc-professional-codes.html
12. My details
12.1 This website is owned and operated by David Burness.
12.2 My principal place of business is at The Lifestyle Spa. Unit 1, Lon Parcwr Industrial Estate, Ruthin LL15 1NJ.
12.4 You can contact me:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on my website from
time to time; or
(c) by email, using the email address published on my website from time to