Terms and Conditions

Introduction

1.1.      The Stone & Joy Circle is the membership service provided by Jo Summers, Stone & Joy.

1.2.      By using the website and the services provided by Stone & Joy, you agree to be bound by these terms of use (the Terms) together with our privacy and cookie policy.  These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the website or social media groups.

1.3.      We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.4.     We provide services and platforms for users who are interested in accessing individual and group crystal therapy treatments, crystal hints and tips. Our services and platforms are therefore provided to consumers, not to people wishing to train as crystal therapists.

Definitions

2.1       In these Terms, the following words have the following meanings:

Distributor: a retail shop

Services: all one to one crystal therapy treatment as well as the services

Site: any site owned and operated by us, specifically the Stone & Joy website and the Stone & Joy Circle Private Facebook Group;

Our Content: all content and materials on the Site or otherwise provided to you through the Service, including all information, data, text, images, recordings and software but always excluding any User Content.

User Content:  all content and materials including information, data, text, images, recordings and software posted by a User on the Site.

provided within the Stone & Joy Circle including group crystal therapy treatments.

2.2      In these Terms, words in the singular include the plural and in the plural include the singular; headings are for convenience only and shall not affect construction; reference to including shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.

Registering for the Use of the Stone & Joy Circle Service

3.1       In order to access parts of the Service you are required to join a Private Facebook Group. To join the Facebook Group, you must: (a) be at least 18 years old; (b) be legally capable of entering into a contract; (c) not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which you have not not been sentenced to any term of imprisonment whether immediate or suspended.

When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to: (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another User obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) add another User to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

 

Our Content

4.1       The copyright in Our Content is owned by or licensed to us. All rights are reserved.  You can view, print or download extracts of Our Content for your own personal use. However, you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.

4.2       We reserve the right to remove any of Our Content from the Site for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

4.3      We also share external content in good faith via links to the original source. We do not own this content and don’t take responsibility for external that is removed from the public domain.

Subscribers to The Stone & Joy Circle

5.1      The monthly subscription to The Stone & Joy Circle is a rolling monthly payment which be cancelled at any time. No refund shall be due to you in respect of the Fees paid for a month if membership is cancelled part way through a month.
5.2      Users agree that whilst participating in the Stone & Joy Circle, they will interact with other Users.  Accordingly, Users should not discuss any information that they wish to keep confidential and/or that they are lawfully required to keep confidential.

5.3      Users should also behave respectfully and professionally in all forums. Anyone judged to be posting inappropriate content will be warned, and ultimately removed from the group and their membership cancelled, this at the sole of discretion of Stone & Joy.

5.4       Users may not record virtual meetings or webinars without our prior consent and the prior consent of all other Users involved.

5.5       You agree that we may film, photograph or otherwise record your involvement in The Stone & Joy Circle virtual events, on-line discussions, and including any feedback you give to us and use such recordings for any purpose relating to our business including on our Site.  Such recordings will not be posted outside of the Private Facebook Group without your consent.

 

Site Availability

6.1    We will use reasonable endeavours to maintain and make available to you the Site at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We shall use reasonable endeavours to notify all registered Users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours.  However, you agree that we have no liability to you for such interruptions.

6.2    For the avoidance of doubt, we shall also not be liable if you are unable to access the Site or any of the Services for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

Termination or Suspension of Subscription to The Stone & Joy Circle

7.1       We reserve the right to suspend or terminate the account of a User at any time and without liability: (a) if any information that you provide to us is not true or we cannot verify or authenticate any such information; (b) you are in breach of these Terms or the rules defined within the Stone & Joy Private Facebook Group; (c) you are convicted of a criminal offence or act in any way that may bring us into disrepute; and/or (d) if we receive complaints or disputes are raised in relation to your activities on the Site.

7.2       Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name.

7.3       You may contact us at any time to terminate your account, and provided there are no outstanding Fees due or payable, we shall delete the account within 5 days of receipt of such a notice.

7.4    If you have subscribed to a Service for a fixed term, you are not entitled to any refund if you choose to terminate or otherwise no longer participate in the Service.

Use of One to One Crystal Therapy Services

8.1       Before receiving any one to one crystal therapy treatment you will be required to complete a health screening questionnaire to ensure that the treatment is suitable for your needs.  No treatment can take place until this information has been provided.

8.2 In the event that you are unwilling to provide the information required in the health screening questionnaire the treatment shall be cancelled and the fees refunded in full.

8.3 The data that you provide in the health screening questionnaire will be held in the strictest of confidence in accordance with the ACHO Code of Conduct as well as GDPR Regulations.  The data will only be used for the purposes of providing the crystal therapy treatment and will be held on file for as long as required by Stone & Joys insurers, normally between 5 and 7 years.

8.4 In the event that there are changes to your health status in between any treatments you agree to notify Stone & Joy so that your health records can be updated accordingly.

Purchase of Stone & Joy Products

9.1 Stone & Joy produce and distribute physical crystal products which are available for sale via the Stone & Joy website and via Distributors.  The ingredients of these products are all fully listed on the labelling and the User shall have the responsibility of ensuring that they have (a) read the ingredients and satisfied themselves that they are safe for them to use (b) stored them in a place out of reach of children or anyone for whom alcohol products are dangerous (c) not used the product where the seal has been broken or there is any other evidence of tampering (d) not used the product beyond the best before date.

9.2 Where a product has been purchased via a distributor you should contact them in the first instance in relation to any complaint.

9.3 Where a product has been purchased via the Stone & Joy website you should contact jo@stoneandjoy.co.uk in the first instance with details of your complaint.

9.3.1 In accordance with the distance selling regulations, a full refund shall be provided where the item delivered by Stone & Joy is not the correct item.

9.3.2 If an item is no longer required it may be returned to Stone & Joy within 14 days of receipt and a full refund will be provided so long as the returned item is received by Stone & Joy unused, undamaged and it’s original packaging.  In these circumstances, the User shall pay the cost of return postage.

Disclaimers and Limitations of Liability for all Products and Services – Your attention is particularly drawn to these provisions

9.1    We shall provide the Services and prepare Our Content with reasonable skill and care.  However, you agree that: (a) we have no responsibility and/or liability for any User Content; (b) we do not warrant that any result or objective will be achieved, be achievable or be attained in whole, in part, or by any given date by any User.  We do not advocate that crystal therapy is a cure or can guarantee any results (c) we do not make any representation or give any warranty regarding another User, including their suitability to provide any services that they may offer.

9.2    Subject to Condition 7.4, we shall in no circumstances be liable to any User in contract, tort (including negligence) or otherwise for any: (a) loss of profit, anticipated profits or business; (b) loss of data including User Content; (c)  loss of opportunity; (d) loss of revenue; (e) wasted expenditure; (f) loss of goodwill or reputation; and/or (g) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

9.3    Subject to Condition 11.1, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by you for the Service in question, provided that where the Service is an on-going subscription, our liability shall not exceed the Fee paid by you for the Service in the twelve (12) months preceding the date on which the liability arose.

9.4    Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

General

10.1       These Terms and the Privacy & Cookie Policies (as amended from time to time) constitute the entire agreement relating to your use of the Site.

10.2       If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

10.3       Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.4       We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

 

Governing Law and Jurisdiction

11.1       These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

Last updated: November 2022