Terms of Service

1. Acceptance of Terms

By accessing and using the website of Otho Upton Wellness, located at www.othoupton.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Otho Upton regarding your use of our website and services. If you do not agree with any part of these terms, you must not use our website or services.

We reserve the right to modify these terms at any time without prior notice. Your continued use of the website following any changes constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically for updates. The most current version will always be available on this page with the effective date clearly indicated.

2. Description of Services

Otho Upton provides wellness consulting services focused on movement assessment, nutrition planning, and holistic lifestyle guidance. Our services are designed to support individuals in improving their physical mobility, energy levels, and overall quality of life through natural, sustainable methods. The specific services offered include but are not limited to personal consultations, group workshops, educational content, and customized wellness plans.

All services are provided subject to availability and may be modified, suspended, or discontinued at our discretion. We strive to maintain the highest standards of service delivery, but we do not guarantee that our services will meet your specific expectations or results. Individual outcomes vary based on numerous factors including personal commitment, baseline condition, and adherence to recommendations.

3. User Accounts and Responsibilities

When you create an account or submit information through our website, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You agree not to use our website for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. Prohibited activities include but are not limited to: attempting to gain unauthorized access to our systems, interfering with other users' access, transmitting malicious software, harvesting personal information, or engaging in any activity that violates applicable laws or regulations.

4. Booking and Payment Terms

4.1 Service Booking

Appointments for consultations and workshops can be scheduled through our website contact form or by direct communication. All bookings are subject to confirmation and availability. We reserve the right to refuse service to anyone for any reason at any time. Once a booking is confirmed, you will receive a confirmation with details regarding the date, time, location, or virtual meeting link.

4.2 Cancellation and Rescheduling

We understand that circumstances change. If you need to cancel or reschedule your appointment, please provide at least 24 hours notice. Cancellations made with less than 24 hours notice may be subject to a cancellation fee of 50% of the service cost. No-shows without prior notification will be charged the full session fee. We will make reasonable efforts to accommodate rescheduling requests based on availability.

4.3 Payment Terms

Payment for services is due at the time of booking or as otherwise agreed upon. We accept various payment methods including bank transfer, credit card, and other electronic payment options. All fees are quoted in Euros (EUR) and include applicable taxes unless otherwise stated. Prices are subject to change with notice, but confirmed bookings will be honored at the quoted rate.

5. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Otho Upton or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of Otho Upton.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this website or any portion of it unless expressly permitted by us in writing. Unauthorized use of any materials may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

6. Disclaimer of Warranties

Otho Upton provides all services and content on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranties regarding the results that may be obtained from the use of our services or the accuracy or reliability of any information obtained through our website.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition before beginning any wellness program. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. If you think you may have a medical emergency, call your doctor or emergency services immediately.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Otho Upton shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our services, any conduct or content of any third party on our services, any content obtained from our services, or unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims exceed the amount you have paid to us for the specific service giving rise to the liability in the twelve months preceding the claim, or one hundred Euros (€100), whichever is greater. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Otho Upton, his affiliates, licensors, and service providers, and his respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including but not limited to any use of the website's content, services, and products other than as expressly authorized in these terms.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these terms or the website shall be instituted exclusively in the courts of Amsterdam, Netherlands.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. However, we retain the right to bring any suit, action, or proceeding against you for breach of these terms in your country of residence or any other relevant country. You agree that the provisions of these terms will not be construed against us by virtue of having drafted them.

10. Severability and Waiver

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. The failure of Otho Upton to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

No waiver of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

11. Third-Party Links and Resources

Our website may contain links to third-party websites or resources that are not owned or controlled by Otho Upton. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit. The inclusion of any link does not imply endorsement by Otho Upton of the site or any association with its operators. Your use of third-party websites is at your own risk.

12. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the website, shall constitute the entire agreement between you and Otho Upton concerning the website and services. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the website.

A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13. Contact Information

If you have any questions about these Terms of Service, please contact us using the information below. We are committed to addressing your concerns and will make every effort to respond to your inquiries in a timely manner.

• Business Name: Otho Upton Wellness
• Address: Herengracht 69-C, 1015 BD Amsterdam, Netherlands
• Email: legal@othoupton.com
• Phone: +31 20 345 6789
• Business Hours: Monday to Friday, 9:00 AM to 6:00 PM CET

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing Otho Upton Wellness for your movement and wellness journey.