Data protection is of highest priority for us. The use of our website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Fresh Body Mind Ltd
160 City Road
This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable to the general public, as well as to our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Our website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact any employee of the controller. An employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee.
The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
Our website contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us via an email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties
Last updated: December 30, 2016
Welcome to https://www.freshbodymind.com (the “Website”). We, being Fresh Body Mind Ltd. and/or its affiliates (the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use, visit or shop at the Website, you accept these terms and conditions (“Terms”), so please read them carefully.
This electronic document is considered to be a legally binding and enforceable contract between you the Company. By using, visiting, or shopping at the Website you acknowledge that you are aware of and completely accept all of the terms and conditions of these Terms.
These Terms are divided into FOUR (4) sections, being:
SECTION 1 – GENERAL TERMS FOR ALL USERS
Users include everyone who visits the Website, and includes those who have registered to view, enjoy and otherwise use the services offered by Website, whether for free or on a paid basis. Paid Users are referred to as “Subscribers”.
When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All Content included on this site, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by UK and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by UK and international copyright laws.
“Fresh Body Mind” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in UK and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
License and Site Access
The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Hyperlinking To Website, Co-Branding, “Framing” And Referencing Website Prohibited
Unless expressly authorized by Website, no one may hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other website for any reason. Further, Users are not allowed to reference the url (website address) of this Website in any commercial or non-commercial media without express permission, nor are Users allowed to ‘frame’ the Website. The User specifically agrees to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
Use Of Information From This Website
Unless you have entered into an express written contract with this Website to the contrary, Users are not permitted to use the information contained in the Website (the “Information”) in a commercial or public setting or to broadcast, copy, save, print, teach, sell, coach, or publish the Information or any portions of the content of this Website. By viewing the contents of this Website Users agree to this condition of viewing and Users acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. The User warrants that the User understands that accepting this provision is a condition of viewing the Website and that viewing constitutes acceptance.
Comments, Communications, and Other Content
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company has the right but not the obligation to monitor and edit or remove any information or other content. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
Copyright and Other Legal Rights Complaints
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation can be found on our website.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole legal remedy is to return it in unused condition.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Members of the Media
As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.
Disclaimer of Warranties, Limitation of Liability and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADING ANY FILES OR INFORMATION FROM THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE WEBSITE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. WHILE EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCTS OFFERED AND THEIR POTENTIAL AND EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, THEIR IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A BUSINESS OPPORTUNITY AND ONLY PROVIDES ADVICE AND TRAINING ABOUT INTERNET AND SEARCH ENGINE OPTIMIZATION. THIS IS A NEW PRODUCT AND SYSTEM AND AS SUCH THERE IS NO HISTORY OF EARNINGS FROM ITS USE. WE DO NOT TRACK ACTUAL EARNINGS OF USERS OF OUR PRODUCT AS THE SAME WOULD VIOLATE THE USERS TRADE SECRETS AND CONFIDENTIAL OR PROPRIETARY INFORMATION. THE INFORMATION ON THIS SITE IS OUR EXPERIENCE WITH THE PRODUCT. IF YOU WANT TO SHARE YOUR EXPERIENCE LET US KNOW.
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS WEBSITE, INCLUDING ANY BANNERS, ADVERTISING, OR POP-UPS, DOWNLOADS, AND AS A CONDITION OF THE WEBSITE ALLOWING USER’S LAWFUL VIEWING, USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION DUE TO USER’S USE OF THE WEBSITE AND BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.
USER AGREES THAT IN THE EVENT USER CAUSES DAMAGE WHICH THE WEBSITE IS REQUIRED TO PAY FOR, THE USER, AS A CONDITION OF VIEWING, WILL REIMBURSE THE WEBSITE FOR ANY AND ALL COSTS RELATING TO SUCH DAMAGE, INCLUDING WITHOUT LIMITATION ANY LEGAL FEES.
By visiting the Website, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the United Kingdom and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our other policies as posted on this Website. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 2 – TERMS FOR SUBSCRIBERS
This Section applies to all Subscribers and their Accounts (“Accounts”), which may also be referred to as “Subscriptions”.
You agree to keep all of your Account information current (such as a change in billing address, card number, or expiration date), and you must promptly notify the Company if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information, you agree that you are responsible for fees accrued under your Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will contact the Company to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as $50. You agree that you will pay any outstanding balance you have with the Company within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) may be added to the amount that you owe.
In order to provide continuous service, the Company provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, we will automatically renew all paid Subscriptions on the date such Subscriptions expire. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically continue for an additional equivalent period. You acknowledge that your Account will be subject to these automatic renewals if you had selected the automatic renewal option. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.
The Company maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a Subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining Subscription. Further, you agree that no refunds will be made on any remaining or unused Subscription or credits.
Subscriptions purchased are strictly non-transferable.
The Company reserves the right to offer free Subscriptions to any person(s) of its choice at any given time, for any duration, while charging other Subscribers, at the same time. We also reserve the right to cancel the free trial period at any time, for all or any of its Subscribers.
Upon registering as a Subscriber, you will choose a display name and password. You may not select or use a display name of another person (unless it is also your name), a name in violation of a third party’s property rights, or a display name that the Company deems offensive or otherwise inappropriate. The Company owns all display names and licenses them to you. We reserve the right to delete or alter any display name at any time.
You are entirely liable for all activities conducted through your Account. A Subscriber may not permit another individual to use the Subscriber’s Account without direct supervision by the Subscriber.
Subscribers who have had their Account terminated may not access the Website without the Company’s prior express written permission. Subscribers may not allow a former Subscriber whose Account has been terminated to use their Account. For additional information on re-registration and multiple Accounts you can contact us at http://support.projectlifemastery.com.
Your bank or financial institution may impose fees for currency exchange and for international transactions. You are responsible for all such costs.
The Company may apply additional taxes as required by law in all regions.
For billing inquiries, or to request a detailed statement of your usage, contact us at firstname.lastname@example.org
THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ANY ONLINE AREAS, CONTENT, PREMIUM SUBSCRIPTIONS, OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES. THE COMPANY MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, EMAIL, MEMBER INBOX ON SITE, THROUGH THE MAIL TO THE ACCOUNT HOLDER, OR BY ANY OTHER MEANS DEEMED REASONABLE BY THE COMPANY.
If any such change is unacceptable to you, you may terminate your Account as provided below. Your continued use of the Website following the effective date shall constitute your acceptance of such change.
Restriction on Resale of Company Products
The Company encourages all Subscribers to use any of our products, information and knowledge that Subscribers receive through their use of the Website (the “Products”) to sell third-party products online. While the Company wishes financial success upon all of our Subscribers, to protect our own business, we specifically prohibit the resale of any of our Products or the sale of any products created by Subscriber that are based on, derived from or substantially similar to any of the Products (the “Resale Policy”). The Subscriber agrees to abide by the Resale Policy and agrees that the Company shall have the right to pursue any available legal remedy against the Subscriber upon a breach by Subscriber of the Resale Policy
Representations and Warranties
You certify that YOU ARE AT LEAST NINETEEN (19) YEARS OLD or of the Age of Majority in the jurisdiction that you are domiciled in, whichever is older. You agree to provide the Company with accurate, complete, and current Account information. Failure to do this shall constitute a breach of these Terms and will result in immediate termination of your Account and subject you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you may not register for additional Accounts after such termination.
Cancellation and Termination
Subscribers may cancel their Account at any time by sending written consent to us with your account username to email@example.com. This is your sole right if you are dissatisfied with the Website in any way.
When you delete your Account or when your Account is suspended for violating these Terms, you agree that any remaining or unused Subscription fees and credits will be forfeited and no refunds will be issued for any remaining or unused Subscription fees and credits. Further, if your deleted Account is reinstated at a later date, you agree that any remaining or unused Subscription fees and credits you have remaining at the time of your Account deletion will not be reinstated with your Account.
Furthermore, the Company reserves the right to terminate any Accounts arbitrarily. We also reserve the right to deny service for Accounts and users deemed as fraudulent or otherwise high risk Accounts. Processing is at our discretion for refunds for claims of fraud and/or disputes via email, web chat with support, phone calls to our processor and/or requests from issuing banks, banks offering direct debit, card holders, and credit card issuers.
We also report at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.
SECTION 4 – CODE OF CONDUCT
All Users, including but not limited to Subscribers, hereby agree NOT to use the Website for any of the following:
Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
Use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose;
Posting or sending material that depicts people in a sexual or violent manner, or solicits personal information from anyone under the age of majority in that person’s jurisdiction of domicile;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Engaging in advertising to, or solicitation of, other Users to send money, buy or sell any products or services not approved by the Company;
Transmitting any chain letters or junk email;
Soliciting gambling or engaging in any gambling or similar activity;
Posting advertisements or solicitations of employment or business;
Using the Website to promote, solicit, or engage in prostitution;
Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another User;
Make criminal accusations against another User;
Make or promote any type of racism or hate towards anyone in specific or a group of people;
Post, directly or indirectly, any personally identifying information about another member without their consent. “Personally identifying information” can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work;
Use the Website for any fraudulent purposes;
Collect or store personally identifying information about any other User(s) for commercial purposes;
Impersonate any person or entity, including, but not limited to, a Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking;
Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content;
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services; and
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons;
Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to those under the age of majority;
Any controlled substances or pharmaceuticals;
Any counterfeit or stolen items;
Any goods or services that do not, in fact, exist;
Any registered or unregistered securities;
Any items that violate or infringe the rights of other parties;
Any items that you do not have the legal right to sell; and
Any items where paying the Company any of the required transactional or listing fees would cause the Company to violate any law.
You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees, affiliates or agents.
What Personal Information About Users Does the Website Gather?
The information we learn from Users helps us personalize and continually improve your experience at the Website. Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing your Website experience, improving the Website, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many other websites, we use “cookies,” and we obtain certain types of information when your Web browser accesses the Website or advertisements and other content served by or on behalf of the Website on other Web sites.
E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from the Website if your computer supports such capabilities. If you do not want to receive e-mail from us, please click the “Unsubscribe” link located at the bottom of our emails.
Information from Other Sources: We might receive information about you from other sources and add it to our Account information.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as the Shopping Cart, personalized advertisements on other websites, and storage of items in your Shopping Cart between visits.
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
We also use third party advertisements on our Website to support our business. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history (for example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting: http://www.doubleclick.com/privacy/dart_adserving.aspx.
Does the Website Share the Information It Receives?
Information about our Users is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses operate stores at the Website or sell offerings to you at the Website. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups of the Website Users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please click the “Unsubscribe” link located at the bottom of our emails.
Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that the Company, or substantially all of its assets are acquired, customer information will be one of the transferred assets.
Protection of the Website and Others: We release Account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of the Website, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from Users for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
What About Third-Party Advertisers and Links to Other Websites?
Our site includes third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these advertisers or third-party Web sites.
The Website also displays personalized third-party advertising based on personal information about Users, such as purchases on the Website or use of payment services. Although the Website does not provide any personal information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a personalized advertisement meet their criteria to personalize the ad. If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please contact us at http://support.projectlifemastery.com.
Are Minors Allowed to Use the Website?
No. This is a site for adults only.
Conditions of Use, Notices, and Revisions
If you choose to visit the Website, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the Province of British Columbia, Canada. If you have any concern about privacy at the Website, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check the Website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your Account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected Users.
For further information respecting your privacy, please contact firstname.lastname@example.org