1.1 What these terms cover. These are the terms and conditions on which we supply digital content to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are The Positive Change Company Limited a company registered in England and Wales. Our company registration number is 9912546 and our registered office is at 9 Southlands, North Shields, Tyne and Wear, England, NE30 2QS.
2.2 How to contact us. You can contact us by sending an email to our customer service team at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the content. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the content or because we are unable to meet a delivery deadline.
3.3 We only sell to adults. Our website is solely for the promotion of our content to those adults in the UK aged 18 or over or those who have reached the age of majority in the jurisdiction in which they live. Unfortunately, we do not accept orders from children or minors.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
5.1 Minor changes to the content. We may change the content:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6.1 When we will provide the content. During the order process we will let you know when we will make the content available for download by you.
6.2 We are not responsible for delays outside our control. If our supply of the content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any content you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the content to you, for example, a valid email address. If so, this will have been stated in the description on our website. We will not be responsible for supplying the content late or not supplying any part of it if this is caused by you not giving us the information we need.
6.4 Reasons we may suspend the supply of content to you. We may have to suspend the supply of content to:
(a) deal with technical problems or make minor technical changes; or
(b) update the content to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the content as notified by us to you (see clause 5).
6.5 Your rights if we suspend the supply of content. We will contact you in advance to tell you we will be suspending supply of the content, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the content, or tell you we are going to suspend it, in each case for a period of more than 1 calendar month and we will refund any sums you have paid in advance for the content.
6.6 We may also suspend supply of the products if you do not pay. If you cancel any payment for the content or if your payment is declined we may suspend supply of the content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the content.
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the content repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the content, see clause 7.3. You may be able to get a refund if you are within the cooling-off period.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any content which has not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the content you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the content may be significantly delayed because of events outside our control;
(c) we have suspended supply of the content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 calendar month; or
(d) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by The Positive Change Company Limited of 9 Southlands, North Shields, Tyne and Wear, England NE30 2QS to all of its customers, wherever they live. This is more generous than the legal rights in the UK under the Consumer Contracts Regulations in the ways set out below. You have 30 days after the day we email you to confirm we accept your order.
This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2).
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14 day period to change your mind before you start to download the content.||30 day period to change your mind.|
|No right to change your mind after you have started to download the content.||30 day period to change your mind.|
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected] Please provide your name, home address, details of the order and your phone number and email address.
8.2 How we will refund you. We will refund you the price you paid for the content by the method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9.1 We may end the contract if you break it. We may end the contract immediately at any time by writing to you if you breach the terms of clause 14 which protects our intellectual property in the content.
10.1 How to tell us about problems. If you have any questions or complaints about the content, please contact us. You can write to our customer service team at [email protected].
10.2 Summary of your legal rights. We are under a legal duty to supply content that is in conformity with this contract. See the box below for a summary of your key legal rights if you are in the UK in relation to the content. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights in the UK. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.ukThe Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:· if your digital content is faulty, you’re entitled to a repair or a replacement.· if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back· if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensationSee also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.1 Where to find the price for the product. The price of the content (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the content advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the content you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.3 When you must pay and how you must pay. We accept payment by PayPal and any other payment methods set out on our website. You must pay for the content before we deliver it to you by email for you to download it.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive content which is: as described and matches information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
12.3 We are not liable for business losses. We only supply the content for domestic, personal and private use. If you use the content for any commercial, business or re-sale purpose in breach of these terms we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the content to you;
(b) to process your payment for the content; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.1 The content is protected by copyright and other intellectual property rights. These rights protect the investment we have made in creating the content and give us rights to stop others from copying it or using it in a way which infringes our rights. When you buy the content you do not buy the copyright in the content, but we do give you permission to do things with the content which would otherwise be an infringement of copyright.
14.2 What you can do with the content. You may use the content for your personal use only. You may download a copy of the content to your computer or smartphone and store it for you to access and use when it is convenient for you. You may print copies for your personal use only.
14.3 What you cannot do with the content. You may not use the content for business purposes or for any purpose which may be illegal or unlawful. You may not post all or part of the content online or through social media such as Twitter or Facebook. You may not make more copies of the content than are necessary for you to use the content properly. You may not provide copies of the content to anyone else or to the public generally; it is provided for your personal use only. You may not make any changes to the content or translate it into another language.
15.1 We are not doctors or medical professionals. We are not nutritionists or exercise specialists. Our products are about helping you to achieve your weight loss goals through the way you think. Before starting the programme delivered by the content and any diet, exercise or other weight loss programme you should seek proper medical, nutritional and exercise advice from appropriate professionals.
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and except as set out in this clause, you shall bring any legal proceedings in respect of the content in the English courts. If you live in Scotland you may bring legal proceedings in respect of the content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr