THESE TERMS AND CONDITIONS AND THE WEB SITE DISCLAIMERS APPLY TO YOUR USE OF THE WEB SITE AND ANY PURCHASE YOU MAKE.  PLEASE READ THROUGH THESE TERMS AND CONDITIONS AND THE DISCLAIMERS AND PRINT OFF A COPY FOR FUTURE REFERENCE. ONCE YOU MAKE A PURCHASE FROM WWW.HERCULESSYSTEM.COM YOU HAVE ACCEPTED AND AGREE TO ALL TERMS AND CONDITIONS STATED BELOW.  IF YOU HAVE AN QUESTIONS PLEASE E-MAIL CUSTOMERSUPPORT@HERCULESSYSTEM.COM

1.                  Definitions

1.1             In these Conditions, the following words have the following meanings unless the context otherwise requires:

 2.                  Basis of Contract

2.1             These conditions shall govern the purchase of any Products and Your membership of the Web Site to the exclusion of any other terms and conditions.

2.2             Orders placed by You leading to a Contract which is not expressed to be subject to these conditions shall still be subject to them.

2.3             These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to you.

2.4             No variation to these conditions shall be binding on Us unless agreed in writing between You and one of Our Directors.

2.5             Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products, the Web Site and/or membership offerings unless confirmed by Us in writing.

2.6             No oral representations or warranties shall bind Us (unless given by one of Our Directors).

2.7             You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

2.8             We may modify these Conditions at any time.  It is Your responsibility to keep the Conditions under review.  Your continued purchase of Products, continued use of the Web Site and/or Your continued membership of the Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You and Your subsequent use of the Web Site.

3.                  Orders and Contracts

3.1             You may place orders for the Products either via the Web Site OR by post.  If You wish to place Your order by  or post, please print off the relevant order form from the Web Site, complete it and return to Us, using the contact details specified. 

3.2             We have the right to refuse to accept any orders placed for the Products.  Your order for Products shall only be binding upon Us when We send Our order confirmation to You by email.

3.3             You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract.  When You input your details via the Web Site, You are responsible for ensuring that all information You give Us is correct.  Our ordering process on the Web Site will provide You with instructions as to how to correct any input errors. 

3.4             Products are subject to availability.  If We are unable to supply You with the Products, We will inform You as soon as possible.  You will be given the option of (I) waiting until the Products is available and when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You for the cancelled Products).

3.5             We try and ensure that all the details contained within the Web Site are as accurate as possible.  On the rare occasion that there is an error, We will advise You as soon as possible.

3.6             Please note that any details and/or specifications for the Products produced by Us (including but not limited to any photographs of the Products) are intended as a guide only and only give a general approximation of the Products.

3.7             We do keep copies of all orders We receive and accept for a period of [6] years from the date of the order.

4.                  Children

4.1             We will not accept any orders for the Products from anyone under the age of 18 years.  By using the Web Site and/or placing orders for the Products, You confirm that you are aged 18 years or over.

5.                  Membership

5.1             When You order Products from Us You are eligible to become a member of the Web Site.  Membership allows You access to sections of the Web Site which are not available to the general public

5.2             You will be given a user name and allocated a password which You can use to access the members’ only section of the Web Site.  You must keep this user name and password safe and secure as You are responsible for any actions committed using this user name.

5.3             You undertake to ensure that Your use of the Web Site is legal, honest, decent and truthful and does not offend any individual or section of society.  If You breach the rules governing Your use of the Web Site, We may revoke Your membership and Your user name and password will be de-activated.

5.4             The materials contained on and accessed via the Web Site are for reference only.  You may print off copies for Your information but these documents are only for Your own personal use, nobody elses.

5.4             Any products purchased are for personal use only. The products can not be resold and can not be given to any third party.

6.                  Cancellation / Refund

6.1             Where applicable, You may cancel or request a refund under specific conditions

6.2             You shall have a period of 365 working days from the date of receipt of Your order in which to cancel Your order.  You may cancel Your order by sending an email to membersupport@herculessystem.com with all the information required in point 6.4 and We will refund any monies You have paid to us in respect of the cancelled Order. 

6.3             The ability to cancel orders only applies to:

6.4             We will only refund double the purchase price (if We have already received payment) when We have received a proven detailed tracking journal and monthly penis pictures that shows that the purchaser (YOU) has preformed all exercises (proven use of the workout routines) detailed in the members site fully as instructed for a minimal time period of a 100 days and can prove that NO penis gains have  been achieved since the purchase date. Only if the above is proved (and after review), we shall refund all monies minus any administration and bank charges.

6.6             We shall have no Liability to You in respect of any cancelled orders other than the return of any payment You may have made before cancellation (subject to the deductions listed in clause 6.4 above).

7.                  Delivery

7.1              We shall provide to you the Username and Password once we have received your membership payment in full. You can access our members section any time from our web site www.herculessystem.com

8.                  Prices and payment

8.1             The price for the Products shall be as shown on Our Web Site at the date of Our acceptance of Your order.

8.2             The prices for the Products does include delivery charges.  Whilst We do offer a free delivery service, We reserve the right to remove this option at any time.

8.3             Unless otherwise stated, all prices are inclusive of VAT (or other similar sales tax). 

8.4             While We try and ensure that all prices on Our Web Site are accurate, errors may occur and prices may vary.  We use an automatic system which converts the price into the stated currency based on the then current exchange rate.  As and when You place Your order, the correct price will be confirmed.  If You do not agree to the price, do not proceed further with Your order.  If we discover an error in the price of the Products You have ordered We will inform You as soon as possible and give You the option of either re-confirming Your order at the correct price or cancelling it.  If We are unable to contact You, Your order will be cancelled.  If You cancel an order due to an error in price and We have already received payment for the affected Products, You will receive a full refund.

8.5             You will be informed in writing by Us of any increases in prices for the Products which may have occurred between You placing Your order and Our acceptance of that order.  You may cancel without any Liability any order in relation to which the price is increased.

8.6             Payment is due at the time You place Your order:

8.6.1                   If you are ordering online via the Web Site, We use a third party to take Your payment by either debit or credit card.  When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant.  The credit card merchant will check and store Your data in order to process Your payment details.  Whilst We have imposed obligations on our credit card merchant to ensure the security and safety of Your data, We are not responsible for Your data once it is out of Our control.  We accept no Liability for any loss and/or damage that You may suffer as a result of the credit card merchant’s acts and/or omissions.  In respect of each credit or debit card transaction, We strongly advise that you print off and retain a copy of the card transaction in an easily accessible place for future reference;

8.6.4                   If You are placing Your order by post, please complete the order form and send it to Us, along with payment by way of postal order, cheque or cash (in either US$ of UK£), to the address given.  We advise You to send Your order by registered post to ensure it arrives safely.  We have no liability to You in respect of orders which do not reach Us.

8.7             We will not accept Your order until such time as We receive confirmation from Our credit card merchant that Your payment has been authorised and/or We have received payment in full in cleared funds.

8.8             If for any reason payment in full is not made, We may withhold or suspend delivery of the Products.

9.                  Property and risk

9.1             Risk in the Products shall pass to You at the time of delivery.  Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.

10.              Faulty Goods

10.1         If You discover that the Products are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).

10.2         We may ask You to return the faulty Products to us for inspection before We send You a replacement.  If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.

11.              Guarantee

11.1         We are confident that You will be satisfied with the Products You have ordered.  As a result, We offer You a full refund of the price You have paid for the Products, we may also deduct from the refunded purchase price any handling and banking charges. If You are not satisfied that the Products have produced any of the specified results (irrespective of the level of success achieved) provided that:

11.1.1               You use the Products fully in accordance with Our instructions (either as set out on the Web Site and/or sent with the Products);

11.1.2               You use the Products for the minimum period stated on Terms and Conditions and

11.1.3               You provide Us with any and all information We ask for on the Web Site in order to qualify for a refund.

11.2         To claim Your refund under this guarantee, please contact membersupport@herculessystem.com and provide the details stated in 6.4.  Any claim must be submitted within 6 months of Your purchase of the Products.

11.3         Please be aware that the Products work differently for different users.  Differences in metabolism and lifestyle can affect the time required to achieve results.  You may not experience immediate results.

12.             Data Protection

12.1         When You use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit/debit cards or other payment details.  We will store the data You provide to Us on computers or otherwise.  Data will be held in the US where the Web Site is hosted.  By placing orders for the Products, you consent to the transfer of your data outside the EEA.  If you do not wish your data to be transferred or you no longer wish your data to be held outside the EEA, please contact us at membersupport@herculessystem.com.  However, this will affect your ability to use the Web Site and order Products online.

12.2         We will comply with the requirements of all data protection legislation in force in England and Wales from time to time.  In particular, You may request a copy of any personal data We hold about You upon written application.  Please note that We reserve the right to charge the current statutory fee for providing You with such information.

12.3         We will process Your personal data in an ethical manner.  It will be used for the following purposes:

12.3.1               to process Your order;

12.3.2               to administer Your membership of the Web Site;

12.3.3               to administer Our Web Site services which may involve sharing information with Our services providers;

12.3.4               to administer Our business;

12.3.5               for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information; and/or

12.3.6               to notify You of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information.

12.4         We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.

12.5         We may sell and/or share Our database(s) of customers with third parties but You will be informed of this occurring and be given the opportunity to request that Your data not be used by the third party.

12.6         If You do not wish Us to notify You of any additional products or services that We think may be of interest to You, please write to Us at the address set out in the section headed “Our details” or email Us at membersupport@herculessystem.com

12.7         We try and ensure that all data we hold about our customers is up to date and correct.  Therefore, if any of your personal details change, please let us know by contacting us at membersupport@herculessystem.com  When ordering online, We will provide a clear process for you to correct any input errors.

13.              Liability

13.1         We shall have no Liability to You for any loss of profit, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.

13.2         Nothing in this Contract shall limit or exclude Our Liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law.  Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect. 

13.3         We do not guarantee that Our Web Site will be compatible with Your PC and We accept no liability for any corruption and/or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of the Web Site.

14.              General

14.1         No waiver by Us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or other provision.

14.2         If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

14.3         We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events.  If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

14.4         All third party rights are excluded and no third party shall have any right to enforce this Contract.  Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.

14.5         The laws of USA, England and Wales shall govern this Contract between Us and any dispute between Us will be resolved non- exclusively in the USA and English courts.  English is the only language offered for the conclusion of the contract.