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
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
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
suggestions are always welcome
GENERAL TERMS OF
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.
this website setting out the terms on which you may use this
"us" or "our" mean ABugFreeMind.com,
PO Box 2586, Steyning, West Sussex. BN5 0DQ trading as ABugFreeMind.
"your" mean a user
of this website.
affect its interpretation. Except as otherwise provided in these
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.
TO THIS WEBSITE
2.1 By accessing this website,
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
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
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.
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
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
4.3 You agree not to use this
website to advertise or sell any goods or services to other users of
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
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
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
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.
7.1 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
out the basis on which we may use that data and you agree to its
7.2 You and (subject to the
above paragraph) we will each comply with applicable data protection
8. GENERAL PROVISIONS
8.1 We reserve the right to vary
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
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
becomes illegal, invalid or unenforceable in any jurisdiction,
that does not
8.4.1 the legality,
validity or enforceability in that jurisdiction of any other
of Use; or
8.4.2 the legality, validity or
enforceability in other jurisdictions of that or any other provision
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
8.6 A person who is not a party
Contracts (Rights of Third Parties) Act 1999.
8.7 A failure by you or us to
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 UK
residents only. If you are not a resident of the UK DO
NOT USE THIS SITE UNLESS YOU ARE WILLING TO ABIDE BY UK LAW. In listing your place of residence and
delivery address in our order form or membership application form,
you are representing to us that you are a resident of the UK.
This is a representation on which we rely prior to accepting your
offer to purchase our advertised goods and services or accepting
your application for membership to our site.
governed by and interpreted in accordance with English law and we
and you each submit irrevocably to the exclusive jurisdiction of the
10. INTELLECTUAL PROPERTY NOTICE
We are the proprietor/exclusive
licensee of the ABugFreeMind.com trade mark and get-up in the UK.
All other trade marks, brand names, product names and titles and
copyrights used in this site are trade marks, brand names, product
names or copyrights of their respective holders. No permission is
given by ABugFreeMind.com in
respect of the use of any of them and such use may constitute an
infringement of the holder's rights.
THROUGH THIS WEBSITE
1. APPLICABILITY OF THESE TERMS
These terms for the supply of goods through this
form the entire agreement between you and us where you are
purchasing any goods from us by placing an order for such goods on
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.
3.1 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
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
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
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.
Unless otherwise expressly stated in
using the support suite on
9. 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.
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.
You acknowledge and agree to be bound
by the terms of our Privacy
12. THIRD PARTY RIGHTS
Notwithstanding the term in our
employees or representatives, a person who is not a party to these
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
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
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.
RETURN OF GOOD
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
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.
1. APPLICABILITY OF THESE TERMS
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.
Details provided by you and certain other information
about you is subject
to our Privacy
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
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
or otherwise harass another;
6.3.5 collect or
store personal data about other users;
post or e-mail any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships;
post or e-mail any content that infringes any intellectual property
rights of any party;
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
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
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
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.
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.
9.1 As soon as we are made aware
, 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
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
9.3 We reserve the right to take
whatever action we deem necessary to prevent such breaches including
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
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
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
10.2 We shall have the right to
terminate your membership immediately in the event that you breach
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
be offered for membership payments after 7 days from the date of
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.