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Terms of use & conditions on ABugFreeMind.com |
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Before I get too deep into the legal side of things I wanted to bullet point the main parts so no one can accuse me of trying to hide anything.
As Judge Dredd said, "I am the Law" so if you break my rules I will kick you out with no refund No refunds I decide what I want to write about The forums are for your use, I may answer occasionally but will not be monitoring them on a regular basis You need to use the report abuse button if you see anything you are not happy with There are no administrators so admin will be slow and unless it is really important like "I cannot access the site" it will probably be ignored As always, suggestions are always welcome
GENERAL TERMS OF USE 1. DEFINITIONS "Content" means any text, software, database, format, graphic and written work and all other materials (i) developed by, or on behalf of, us which form part of this website; and/or (ii) provided on or through this website with the permission of the third party owners.
"Intellectual Property Rights" mean (i) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Terms of Use" mean these general terms of use, the terms of use for the supply of goods through this website and the terms of use for the members areas of this website setting out the terms on which you may use this website.
"we" or "us" or "our" mean ABugFreeMind.com, PO Box 2586, Steyning, West Sussex. BN5 0DQ trading as ABugFreeMind.
"you" or "your" mean a user of this website.
In these Terms of Use, the heading used for each paragraph does not affect its interpretation. Except as otherwise provided in these Terms of Use, any reference to an enactment is a reference to that enactment as amended, extended, applied or re- enacted from time to time and includes references to any subordinate legislation made under that enactment. "Enactment" includes any legislation in any jurisdiction. References to persons include an individual, a body corporate and an unincorporated association of persons.
2. ACCESS TO THIS WEBSITE 2.1 By accessing this website, you agree:
2.1.1 that you will access its contents solely for your own private use.
2.1.2 to comply with all applicable laws and regulatory requirements relating to your use of this website.
2.1.3 to comply with all reasonable instructions we give you relating to this website.
2.1.4 not to use this website to distribute any information or data in contravention of any regulation or legislation (including, but not limited to, regulation or legislation governing financial services, money laundering or anti-terrorism).
2.1.5 keep negativity to a minimum, this site is for positive people only, persistent negativity will mean termination of membership with no refund. You have been warned!
2.2 You are responsible for all telecommunications charges relating to your use of this website.
3. INTELLECTUAL PROPERTY RIGHTS
We (or our suppliers or third parties who have granted us permission to reproduce their material on this website) own all Intellectual Property Rights in the Content and this website. Nothing in these Terms of Use gives you any right, title or interest in the Content or this website and you do not acquire any such right, title or interest through your use of the website. If you need third party software to use this website, you agree to obtain a licence of that software at your own expense. Please also read the Copyright notices which apply to the Content and this website.
4. MATERIAL PROVIDED BY YOU
4.1 You agree to ensure that all material you send or upload to this website (including, but not limited to, e-mails, text, graphic files, still or moving images, or responses to any questionnaire available through this website) (Your Material) is legal, decent and truthful, complies with all laws and regulations, does not infringe the Intellectual Property Rights or other rights of us or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.
4.2 You are solely responsible for Your Material. If we consider that any part of Your Material exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of this website and remove all or part of Your Material. You must provide all reasonable assistance in this respect.
4.3 You agree not to use this website to advertise or sell any goods or services to other users of this website.
4.4 You agree not to publish any information or personal data relating to a third party.
5. NO WARRANTIES
We give no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the Content (including, without limitation, as to their condition, satisfactory quality, performance or fitness for purpose) and all such representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
6. LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY
6.1 We cannot guarantee that this website will operate in accordance with your expectations or will be error free. We are not obliged to update this website but we may do so from time to time and we reserve the right to modify, restrict access to or close this website at any time.
6.2 From this website you may be able to access websites operated by others. We do not endorse those other websites nor do we accept responsibility for their content or for damage or loss you may suffer arising out of accessing those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. We do not monitor or maintain these links. Please read all copyright and legal notices on each site before downloading or printing items to ensure that you are permitted to do so under the third party site's copyright notices, legal notices or terms of use.
6.3 Subject to clause 6.6, our liability to you in connection with this website (whether arising from negligence, breach of contract or otherwise) is only to take such actions as are reasonably required (in our sole discretion) in order to:
6.3.1 remove or delete data entered in error, or
6.3.2 remove or delete data that is the subject of dispute, or
6.3.3 correct data entered in error.
6.4 We are not liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs (whether arising from negligence, breach of contract or otherwise) regardless of whether it was foreseeable or not.
6.5 To avoid doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this website, Your Material or the Content.
6.6 Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of a partner, associate, consultant or employee of ABugFreeMind.com or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation (including, but not limited to, self-regulation) to limit or exclude liability.
7. ONLINE PRIVACY POLICY
7.1 Our on-line Privacy Policy is available on this website and forms part of the terms on which you may use this website. You acknowledge that we may process the personal data you provide if you use this website. Our on-line Privacy Policy sets out the basis on which we may use that data and you agree to its terms.
7.2 You and (subject to the above paragraph) we will each comply with applicable data protection legislation in performing obligations under these Terms of Use and other sections of these Terms of Use.
8. GENERAL PROVISIONS
8.1 We reserve the right to vary or amend these Terms of Use from time to time. We will not notify you of any such amendment changes other than posting the relevant amendments to this webpage. Any changes shall take effect upon posting to this website.
8.2 Our rights under these Terms of Use and other sections of these Terms of Use:
8.2.1 may be exercised as often as necessary;
8.2.2 are cumulative and not exclusive of rights or remedies provided by law; and
8.2.3 may be waived only in writing and specifically.
8.3 Delay in the exercise or non-exercise of any such right is not a waiver of that right.
8.4 If a provision of these Terms of Use or of another section of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect:
8.4.1 the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or of another section of these Terms of Use; or
8.4.2 the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use or of another section of these Terms of Use.
8.5 Nothing in these Terms of Use is to be taken to constitute a partnership between you and us, nor constitute either of you or us the agent of the other for any purpose.
8.6 A person who is not a party to these Terms of Use may not enforce any of the terms under the Contracts (Rights of Third Parties) Act 1999.
8.7 A failure by you or us to enforce a provision of these Terms of Use or a breach of a provision by the other or default by the other in performing a provision does not constitute a waiver and does not prevent you or us from subsequently enforcing that provision or from acting on such breach or a subsequent breach of the provision by the other party or default by the other party in performing that provision.
9. GOVERNING LAW
9.1 This site is targeted at
9.2 These Terms of Use shall be governed by and interpreted in accordance with English law and we and you each submit irrevocably to the exclusive jurisdiction of the English Courts.
10. INTELLECTUAL PROPERTY NOTICE
We are the proprietor/exclusive licensee of the ABugFreeMind.com trade mark and get-up in the TERMS OF USE FOR THE SUPPLY OF GOODS THROUGH THIS WEBSITE
1. APPLICABILITY OF THESE TERMS
These terms for the supply of goods through this website together with our general Terms of Use and our Privacy Policy form the entire agreement between you and us where you are purchasing any goods from us by placing an order for such goods on this website.
2. THE CONTRACT BETWEEN YOU AND US
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3. PRICE
3.1 The prices payable for goods that you order are as set out in our website at the time the order is placed. Good/services that require VAT to be added to applicable countries will be added at the current rate, if your country is not part of the VAT system no VAT will be charged providing you enter the correct country.
3.2 You will be required to pay extra for delivery. Our delivery charges are set out in our website.
4. RIGHT FOR YOU TO CANCEL THE CONTRACT
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, we do regret that we cannot refund the delivery charge.
4.2 To cancel your contract you must notify us by via our support suite on www.ABugFreeMind.com/contact
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our shipping address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card or PayPal account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5. CANCELLING BY US
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or PayPal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. DELIVERY OF GOODS TO YOU
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order provided the goods are in stock.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7. OUR LIABILITY
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.6 Notwithstanding the foregoing, nothing in these Terms of Use is intended to limit any rights you might have as aconsumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. NOTICES
Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be sent to us using the support suite on www.ABugFreeMind.com/contact9. EVENTS BEYOND OUR CONTROL We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. INVALIDITY
If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. PRIVACY
You acknowledge and agree to be bound by the terms of our Privacy Policy
12. THIRD PARTY RIGHTS
Notwithstanding the term in our general Terms of Use, except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms of Use for the purchase of goods through this website has no right under the UK Contracts (Rights of Third Parties) Act 1998 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. ENTIRE AGREEMENT
These Terms of Use, together with general Terms of Use, Privacy Policy, our current website prices, delivery details and contact details and Click-Wrap Licence Agreement, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms of Use or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
1. PHYSICAL BOOKS The guarantee period for physical books will be shown on the webpage at time of purchase, this can range from 30 days to 1 year depending on the offer we have at the time of purchase, but in any event, physical books must be returned to us along with a brief note requesting a refund, the books need to be in "As New" condition although we understand that you may have started to read them so some usage is expected BUT with no writing in, no pages missing or overly damaged if the books are damaged beyond simply being read, then we will not issue the refund and return of the books will only be possible if you pay postage. 2. AUDIO BOOKS The guarantee on the downloadable audio version of our books varies as above but with nothing to return you simply need to contact us via the support suite www.abugfreemind.com/help and we will issue the refund, please remember to delete all copies as part of our refund conditions 3. AUDIO BACK UP CD'S The guarantee on these back up CD's is the same as 1 (above) and will need to be returned to us in "as new" condition for a full refund 3. COMMUNITY SITE The community site is mainly offered as a bonus when purchased along with other items, when offered this way there are no automatic rebilling accounts set up and an email will be sent when you get close to the end of your free period. When membership is purchased, the guarantee period is 30 days from date of purchase and needs to be cancelled in accordance with special conditions set out below. 4. SUCCESS MADE SIMPLE VIDEO COURSE These videos are only offered as downloadable files via our community site, the guarantee period for these is advertised on our website at time of purchase but is normally 60 days from date of purchase. After this period we will not offer any refunds although you can cancel at anytime by contacting us via the support suite, but please remember to download any of the online videos you have paid for as you will lose access once your cancellation request has been dealt with. 5. ONE DAY AND MULTI DAY EVENTS The guarantee for these is advertised on the website at time of purchase but is normally that you can cancel up to 14 days before the event starts, once this date has passed you will not be able to obtain a refund as we will have paid for your place by that time and cannot get a refund ourselves, we may offer you access to another event in the future though, please contact us via the support suite. 6. LIFE DESIGN GETAWAY VIDEO SERIES These videos are offered as downloadable files via our community site, the guarantee period for these is advertised on our website at time of purchase but is normally 60 days from date of purchase. After this period we will not offer any refunds although you can cancel at anytime by contacting us via the support suite, but please remember to download any of the online videos you have paid for as you will lose access once your cancellation request has been dealt with. TERMS OF USE FOR MEMBERS AREAS OF THIS WEBSITE
1. APPLICABILITY OF THESE TERMS
These Terms of Use together with our General Terms of Use and our Privacy Policy govern all activity in our members area of this website and on this website generally. In using the members areas of our site, you agree to be bound by them.
2. YOUR MEMBERSHIP
We must receive payment of the whole of the subscription fee for your annual or lifetime subscription. Once payment has been received by us we will confirm that your application has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding contract between us.
3. MEMBERSHIP FEE AND TERM
3.1 The Membership Fee payable for subscription to the members areas of this site are as set out in our website at the time your application is placed. In the event that you have opted to pay for an annual membership you will have to pay on submitting your membership application and no further Membership Fee shall be debited to your user account. There are no recurring billings, membership will cease after the year and to remain a member you will have to rejoin at the current price. In the event that you opted to pay for a lifetime membership no further payments will be taken.
3.2 You will be asked to create a username and password before you pay for your subscription.
3.3 Your membership will automatically expire at the end of your subscription period and shall be terminated in accordance with clause 10. Following termination we shall deactivate your username and password and otherwise restrict your access to the members areas of this site.
MEMBERSHIP FREE TRIAL PERIOD
3.4 There is no free access period, to access the site you must pay the applicable fee.
4. YOUR REGISTRATION OBLIGATIONS
4.1 In consideration of your use of our members areas, you agree to:-
4.1.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
4.1.2 maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
4.2 Your user name will be used to identify you in on-line competitions and the members areas. Have fun with your user name by all means but vulgar or offensive names will constitute a breach of these rules.
4.3 If you are offended by another user's screen name, please contact us via our support suite www.ABugFreeMind.com/contact immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, please contact us via our support suite http://help.ABugFreeMind.com
4.4 We are concerned about the safety and privacy of all our users, particularly children. Please remember that our members areas are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any use of the chat areas and our site is appropriate for a child.
5. PRIVACY POLICY
Details provided by you and certain other information about you is subject to our Privacy Policy .
6. ONLINE CONDUCT
6.1 You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not ABugFreeMind.com, are entirely responsible for all content that you upload, post or e-mail via our members areas and our site. We do not control the content posted in the members area by other members and therefore do not guarantee the accuracy, integrity or quality of the content.
6.2 Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.
6.3 You agree that you will not use any members area or any part of our site to:
6.3.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.3.2 harm minors in any way;
6.3.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
6.3.4 'stalk' or otherwise harass another;
6.3.5 collect or store personal data about other users;
6.3.6 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
6.3.7 upload, post or e-mail any content that infringes any intellectual property rights of any party;
6.3.8 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
6.3.9 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6.3.10 disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
6.3.11 violate any applicable national or international laws or regulations.
6.4 You acknowledge that we do not pre-screen content but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.
7. LICENCE
You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or e-mail and/or to incorporate such content in other works in any form, media or technology now known or developed.
8. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or e-mail on or through our chat areas or our site, your use of the chat areas and our site, or your breach of the provisions of these rules.
9. SANCTIONS
9.1 As soon as we are made aware of activities that breach these rules, our general Terms of Use or our Privacy Policy , prompt action will be taken. If you witness such breaches in the members areas or anywhere else in our site, please contact us via our support suite www.ABugFreeMind.com/contact immediately.
9.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of ABugFreeMind.com or any of our affiliates, licensors or partners.
9.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
9.3.1 breaches we deem minor may result simply in receipt of a warning from us; or
9.3.2 breaches we deem serious may result in your automatic ban from our chat room and our site generally.
All incidents will be logged and our decision is final in all such cases.
9.4 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
9.5 In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.
10. TERMINATION OF MEMBERSHIP
10.1 You may terminate your membership upon giving notice via our support suite on www.ABugFreeMind.com/contact.
10.2 We shall have the right to terminate your membership immediately in the event that you breach any of the terms of these Terms of Use, our general Terms of Use or our Privacy Policy.
11. REFUNDS
11.1 We regret that no refund will be made of payments already received outside clause 11.4 & 11.5.
11.2 Provided you have terminated your membership (as opposed to us) we shall allow you access to the members areas of this site for the remainder of the period up to the day before the membership would have expired.
11.3 In circumstances when we have terminated your membership we shall deactivate your username and password on the date of the termination and no refund will be payable.
11.4 No refunds will be offered for membership payments after 7 days from the date of payment.
11.5 There is a 14 day cooling off period after you purchase a lifetime membership and if you cancel within this 14 days you will receive a full refund, after this 14 days we will not issue a refund but you can sell or transfer your lifetime membership to another person from inside or outside the site.
11. 6 If you do wish to advertise your lifetime membership you are allowed to offer it inside the site to existing members.
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