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TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms” or "Terms and Conditions") govern your use of our website (hereafter “website” or “site”). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the Terms and Conditions set out herein. These Terms also govern your use or purchase of the products and services provided through or in connection with the Website (hereafter “Services”). Each time you use our Services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website or the services provided by the business through its Website.
This Website is owned by You Mind You Matter Ltd (hereafter the “Business”) whose address is Maple Wellness, Epps Building, Bridge Road, Ashford, Kent, TN23 1BB.
The following words used in these Terms shall have the following meanings:
“Personal Information” shall mean all data and/or information provided by and about the user, including e-mail address(es), name, address, payment card, or other payment information, etc.;
“Business Website” shall mean all on the website, on which the Business provides information about its products and/or services.
“Business User” shall mean all Users of the Business website(s) and services.
“Business Products and Services” shall mean all products and/or services provided directly by the Business.
Terms and Conditions governing the sale and use of products sold by us, You Mind You Matter Ltd, to you.
They also govern the use of the site www.youmindyoumatter.co.uk. Within these Terms and Conditions, the following words have special meanings: ‘we’, ‘us’, ‘our’ – You Mind You Matter Ltd. The site – youmindyoumatter.co.uk: ‘you’, ‘your’ – the person who is entering into this contract with us. By using the site and our products, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. If you do not agree to be legally bound by all the following terms, please do not access the site or use our products.
SAFETY NOTICE - IMPORTANT INFORMATION
Our products are intended to help you positively benefit from hypnosis. Although hypnotherapy is known to be a highly effective and consistent therapy, the content of our bespoke recordings and the information provided on them should be regarded as being COMPLIMENTARY. They should NOT and do NOT replace medical treatment.
NOTHING offered by us is intended to diagnose, cure, or prevent any medical, emotional or physical condition/illness. If you are in any doubt over a health or emotional problem then you should seek advice from a GP or an appropriate professional.
DO NOT listen to our recordings when you are involved in anything that needs your full attention.
NEVER listen to the recordings whilst driving or operating machinery. Only listen to recordings when you can safely relax or sleep.
DO NOT listen to any of our recordings if you suffer from epilepsy or a serious psychiatric condition. If in doubt, please consult your doctor. If you are under 18, you may ONLY access the site or purchase products from us with the involvement of a parent or guardian.
COPYRIGHT AND INTELLECTUAL PROPERTY USE OF PRODUCTS
Our products may ONLY be used for your own personal, non-commercial home use.
YOU MAY NOT use any of our products for any commercial purpose. Unauthorised copying, public performance, broadcasting, hiring or rental of any of our products or recordings is STRICTLY PROHIBITED.
If you are a professional therapist or practising hypnotherapist then you may use our recordings as reference material for your own professional development.
However: YOU MAY NOT make copies of our recordings or their content.
YOU MAY NOT hire or rent our recordings.
YOU MAY NOT play any of our recordings to your clients.
USE OF THE SITE
YOU MAY NOT copy, reproduce, republish, download, post, broadcast, transmit, and make available to the public or otherwise, youmindyoumatter.co.uk's content in any way except for your own personal, non-commercial use.
You also agree NOT to adapt, alter or create a derivative work from any youmindyoumatter.co.uk content except for your own personal, non-commercial use. Any other use of the site content requires prior written permission from us.
PRIVACY
Please see our Privacy Policy, which is incorporated into these Terms of Use by reference. By using this website you acknowledge and agree that you have read and accept the terms of that privacy policy.
REFUNDS AND RETURNS
We deal with refunds, returns, and cancellations on a case-by-case basis. Our aim is for you to be absolutely happy with your product. If for some reason you are not, please email us via our Contact Form and we will make every effort to amend the situation.
PAYMENT PLAN AGREEMENTS
The money (detailed on your transaction and receipt) will be paid in a series of payments, via your credit/debit card, as outlined in your transaction, and the specific terms of the agreement. By purchasing a product with payment plan terms, you hereby authorise You Mind You Matter Ltd to charge these instalments to your payment card via the preferred payment method selected and further understand and agree: that this payment is non-refundable; not to dispute this charge under any circumstance or in any manner with your bank or any merchant processor; and, that your purchase is subject to the Company’s Terms and Conditions.
In the event of default of the agreed repayment terms, you accept liability for all costs incurred by You Mind You Matter Ltd, in recovery due to your breach of the agreed repayment terms. Such costs may include, but not be limited to, a Letter Before Action, Debt Collection Agent's fees, Interest and Late Payment Compensation per Invoice at the rate of £50.00.
LINKS TO AND FROM OTHER WEBSITES
Links to third-party websites on this site are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this site, you do so entirely at your own risk.
RESULTS
You Mind You Matter Ltd does not represent, warrant or guarantee that the User will achieve any particular results as a result of purchasing and using You Mind Your Matter Ltd’s products and/or services and/or information.
Please see our Testimonial Terms found on our Privacy Policy page.
NEWSLETTERS
From time to time, You Mind You Matter Ltd sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. Users may choose to unsubscribe from the Newsletter at any time using the unsubscribe link option at the bottom of our emails, or by writing to us via our Contact Form.
LICENCE AND COPYRIGHT
The Business website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under UK and International copyright laws. The Business owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of the Business and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. You are permitted to print and download extracts from this website for your own private use.
COPYRIGHT INFRINGEMENT
In accordance with UK and International Law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email using our Contact Form.
DISCLAIMER
While the Business uses reasonable efforts to include accurate and up-to-date information, the Business specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Business websites, either now operating or created in the future. The Business disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Business website.
The Business does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Business websites or on any external websites linked to them. In particular, the Business does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Business be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
WARRANTIES
The Company Website(s) and all materials, information, products and services included are provided "as is", with no warranties expressed or implied. The Company expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including and without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The Company disclaims any warranties regarding the security, liability, timeliness and performance of the Company Website. The Company disclaims any warranties for any information or advice obtained through the Sites. The Company disclaims any warranties for Services or Products received through or advertised on the Company Website(s) or received through any links provided by the Company Website(s), as well as for any information or advice received through any links or any user contributions provided to the Company.
The User understands and agrees that they download or otherwise obtain material or data through the use of the Company Website(s) at their own discretion and risk, and that they will be solely responsible for any damages to their computer system or loss of data that results from the downloading of such material or data.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases the User may also have other rights that vary from jurisdiction to jurisdiction.
The Company and its Website(s) are not responsible or liable for content posted by its Users, third parties, the actions of any third party or for any damage to, or virus that may infect, a User's computer equipment or other property.
LIABILITY
The Business may modify, suspend, discontinue or restrict the use of any portion of the Business Website, including the availability of any portion of the content at any time, without notice or liability.
As the User, you acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Business or any other, website. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if this website is unavailable at any time or for any period, for any reason. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our employees or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees, which you have paid to us in the 6 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data (even if we have been advised of the possibility of such losses).
Nothing in these Terms and Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless the Business, its website (s) and each of its respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Business Website(s);
2. The Business’s use of any of your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these Terms and Conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
MISCELLANEOUS
Suppose any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction. In that case, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Business.
Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting: Any complaints regarding violations of these Terms by a User should be directed to customer services by email via our Contact Form. Where possible, include details that would assist the Business in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure: We are committed to providing a high-quality service to all our clients. When something goes wrong, we encourage you to tell us about it as soon as possible. Complaints provide us with an opportunity to learn and improve for the future, as well as a chance to put things right for you. In the event that we fail to meet these standards, please do not hesitate to contact us in writing.
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these Terms and Conditions is intended to benefit from them under the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and the Business and supersede any prior statements or representations.
THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website, its services, signing up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with the Business.
You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English Courts.
These Terms and Conditions were last updated, and became effective, on: 7 September 2024.
Our contact details are as follows:
Business Name: You Mind You Matter Ltd, Maple Wellness, Epps Building, Bridge Road, Ashford, Kent, TN23 1BB.
By Email or Phone: Contact Form
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