TERMS and CONDITIONS and PRIVACY POLICY STATEMENT

  1. The following terms and conditions, and Privacy Policy statements form a binding contract between you and us (“Agreement”). These terms and conditions apply to you (“customer”) or (“User”) and us (“Only Positive/Health Positive/Slim Positive/Fit Positive”) and also our Website named Only Positive.co.uk (“website”) and apps named Health Positive Hypnosis (“app”), Slim Positive Gastric Band, NLP & EFT, and Fit Positive. Only Positive is a company in the United Kingdom and is ruled under the Courts of Scottish law. We refer to ourselves throughout this document for the purposes of this document as “we”, “us” or “our”.
    • We sell MP3 Downloads directly to customers via our website or app soley for the purpose of relaxation.  We do not claim to cure or heal any condition in any way and a person is deemed to have already discussed with their Doctor, any condition they may have and asked permission to use Hypnosis for relaxation purposes.
    • By using this website or app by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions in this document which is called the “Agreement”. This Agreement is between you and us.
    • This Agreement was updated on 7th February 2017.
    • As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
  2. We offer a 30 day money back guarantee which comes into force if you e-mail us with your name, address, order number and amount paid at 30 days after the point of sale or contact the provider of the app namely, Google or Apple.
  3. The downloads from our website and our app are for your own personal use only and any copying or distribution or re-sale of any download or the words within any of the tracks, which are copyrighted to us, is not permitted and any default on this Agreement will be taken seriously with legal consequences.
  4. Website, App, Services, Vouchers and Purchases
    • Use of the Website, App, Services, Vouchers and Purchases are subject to the terms and conditions set out in this Agreement and you are bound by these.
    • You must be over 16 years of age to view this website or app and over 16 years of age to use the Services, Vouchers or Purchases. Under this age, you must obtain legal written consent from your Doctor and be monitored whilst using downloads.
    • You can use this website or app as it operates from any part of the world.
    • You are using this website or app and its operations for your own personal use only. Unsavoury or fraudulent use of this website or app is prohibited including hacking or using other persons information.
    • We reserve the right to prevent you using the Website, App, Service, Vouchers and Purchases.
    • You are prohibited to sell our Services, Vouchers, App or Website to a third party or interfere with our website or app in any way.
    • You are prohibited to use our name for your own gain or to copy our name in such a way as similar to us for your own gain or usage in any way unless directed by us.
    • You are prohibited to use false or borrowed data including false names, addresses, contact details and fraudulent use of debit/credit card details or payment details.
    • You are prohibited from sending unsolicited e-mails, junk e-mails, or other advertising material to third parties who did not specifically ask us for that information.
    • You are prohibited from using any information contained in our website, app or any form of network monitoring of information for fraudulent usage or for information which is not intended for you or to send that information to any third party for their fraudulent usage.
    • Our website and app is available 365 days of the year but we are not responsible to anyone using or advertising in our website or app if the server goes down or the internet has any problems. We are not responsible for your computer, phone. Pc, tablet, internet or telephone issues. We maintain our website and app to the best of our ability and will attempt as far as possible to keep the website and app running well or solve any problems that arise.
    • We use Paypal via our website and Google or Apple via our apps as a payment method and you will be directed to their respective secure payment page for payment.
  5. Registering with us and your account.
    • You will need to register by creating an account with our website in order to use the Site or obtain access to the deals and referral links and other services. If you choose to create an account with us, you agree to provide only accurate, complete registration information and you will keep that information current if your circumstances change.
    • The communications between you and us uses electronic means, whether you visit the Site, App or send us emails. For contractual purposes, you consent to receive communications from us in an electronic form and agree that all terms and conditions are satisfied as if it were in writing.
  6. Purchase of Vouchers or Services
    • Only Positive sells Vouchers or Services offered by third parties (“Vendor”) which may be purchased by the general public for their own personal use or to buy as a gift to a friend which is limited as shown on each daily deal. In order to purchase or to buy as a gift you must register as explained in Condition 3 to be able to do this and make the transaction legal and binding between you, us and the company offering the product.
    • Once a Voucher or Service has been purchased through our Website, you are deemed to have accepted all the terms and conditions stated throughout this Agreement. A Voucher or Service is only deemed complete once payment has been received from you into our account through our payment merchant services of Paypal and you are deemed to have accepted your merchant´s terms and conditions of sale.
    • Once the Voucher or Service is complete, Only Positive send you an e-mail to confirm purchase and will provide details of the terms and conditions in abbreviated form of that Voucher or Service. Please note the terms and conditions in abbreviated form are provided in each deal and you must do your own investigations from the Vendor´s information provided on our website that your purchase is safe and protected by your legal rights.
    • Please provide us also with details of your transactions so we can record this and try to make good in the future by e-mailing us at info@onlypositive.co.uk or using our contact form.
    • Only Positive is also Merchant for a Vendor to sell their products or services. These products or services must be for your own sole purpose or to buy as a gift to another person (within the limits of this website). Selling, reselling, trading or reproduction of a Voucher is not permitted and this will void the Voucher and Only Positive will consider fraudulent use of the Voucher and potentially Court action will be instigated and Police informed reporting it as theft.
    • Vouchers cannot be swapped or partially used after purchase. A Voucher cannot be used as part-payment of another service or goods provided by the Vendor unless the Vendor agrees through direct contact with you.
    • We, nor the Vendor, are not responsible for lost or stolen Vouchers. It is possible to obtain a copy of your voucher by re-accessing your account on the vendor’s website and re-printing your voucher from your account or your e-mail confirmation. It is possible that Vendors will accept voucher numbers instead of a paper copy but that is at the discretion of the Vendor.
    • The Voucher will expire on the date stated on the fine print of a Voucher and on our website at the time of purchase. It is the Purchaser´s responsibility to check this and it is not Only Positive´s nor the Vendor´s responsibility that you have let your voucher expire.
    • The Voucher price is as stated and is not subject to additional charges apart from any credit card processing fees or postage of an item from a Vendor. It is the Purchaser´s responsibility to ensure that there are no additional charges from the Vendor by reading the fine print and terms and conditions of a daily deal.
    • When you register your e-mail with us, as per this Agreement, you allow us to send promotional e-mails, information e-mails regarding our website or any information regarding us and account related e-mails at any time. You can unsubscribe from these e-mails via our website or via any e-mail sent by us with the link contained “unsubscribe”.
    • We are not responsible for any e-mails sent to you which are regarded as spam or fake e-mails pretending to be us. We will never ask you for your personal information or password and any e-mail you may receive requesting this information did not originate from us and please do not reply with any information to any of these types of e-mails. Your e-mail is contained within our database and is not sold on to other companies for their use. It is only used for access to our website and its usages.

We are not responsible or liable for:-

any loss of earnings, loss of business, loss of goodwill, loss of reputation,

loss of damage or corruption of data, indirect or consequential loss, loss of contracts, loss of money, loss of anticipated earnings or profits, loss of computer equipment, telephone costs, internet costs or any other costs when accessing our website or from purchasing from a Vendor or in the case of complaints of a Vendor, loss from foreseeable or unforeseeable events, loss of life or injury to the Vendor or any third party, loss from fraudulent usage of our website or fraudulent emails from third parties pretending to be us displaying our daily deals,

loss from a Purchasers or Vendors typing mistakes. We will take care to ensure that all Vendors are responsible in their actions to redeem your Voucher and in some cases we can contact the Vendor to ensure that they are taking responsibility for your complaint.

  1. You shall indemnify us against each loss, liability or cost incurred by us arising out of: any claims or legal proceedings which are brought or threatened against us by any person arising from a) your use of the Service or Website; the use of a Voucher; the use of the Service or Website through your password; or any breach of this Agreement by you.
  2. Data Protection This is a statement outlining how we meet our obligations under the Data Protection Act 1998 (“the Act”). The statement is subject to regular review to reflect, for example, changes to legislation or to the structure or policies of . We need to collect and use certain types of information about people with whom it deals in order to operate. These include: Merchant’s personal data and business data. Each party will at all times comply with this Act in regard to the lawful and correct used of personal and business information as important to the achievement of our objectives, to the success of our operations and to maintaining confidence between those with whom we deal and ourselves. We therefore aim to ensure that our organisation treats personal information lawfully and correctly. To this end, we fully endorse and adhere to the principles of data protection, as set out in the Data Protection Act 1998 (“the Act”). The eight principles under that Act require that personal information: must be processed fairly and lawfully and, in particular, must not be processed unless specific conditions are met 2. must be obtained only for one or more specified lawful purposes, and must not be further processed in any manner incompatible with that purpose or those purposes 3. must be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed 4. must be accurate and, where necessary, kept up-to-date 5. must not be kept for longer than is necessary for the specified purpose(s) 6. must be processed in accordance with the rights of data subjects under the Act 7. should be subject to appropriate technical and organisational measures to prevent the unauthorised or unlawful processing of personal data, or the accidental loss, destruction, or damage to personal data 8. must not be transferred to a country or territory outside the European Economic Area (EEA) unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data In light of these obligations, we, through appropriate management and controls, will: • observe the conditions regarding the fair collection and use of personal information • meet our legal obligations to specify the purpose(s) for which the personal information is to be used • collect and process personal information only to the extent that it is needed to fulfill our operational needs or to comply with any legal requirements • ensure the quality of the personal information used • ensure that personal information is held for no longer than necessary • ensure that the rights of people about whom the information is held can be exercised under the Act e.g. the right to access one’s personal information, to prevent processing in certain circumstances and to correct, rectify, block or erase information where it is wrong • take appropriate technical and organisational measures to safeguard personal information • ensure that personal information is not transferred outside Only Positive without appropriate safeguards being in place

10.1        We may place advertisements in different locations on the Website or app and at different points during use of the Service. These locations and points may change from time to time but we will always clearly mark which goods and services are advertisements so that it is clear to you which goods and services are provided on an objective basis and which are not.

10.2        You are free to select or click on advertised goods and services.

10.3        Any advertisements may be delivered on our behalf by a third party advertising company.

10.4        No personal data will be used during the course of serving our advertising.

11.          Links within our Website or app 11.1        Where the Website or app contains links to third party sites and to resources provided by third parties, those third parties are linked to provide information only for your purposes of viewing further information about the deal. We are not responsible for your use of these sites.

12,      Intellectual Property Rights 12.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs) in the Website, App and Service including photographs, text, software, graphics, video, music and sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights reserved. 12.2. None of the material listed within this clause may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sublicensed, used to create derivative works, or in any way exploited with our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commerical use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission. 12.3. All rights (including goodwill and, where relevant, trade marks) in the Website Only Positive are owned by us (or our Vendors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners. 12.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or merchant or Vendor and may be protected by applicable copyright or other law. The Agreements gives you no rights to such content. 12.5. The authors of the literary and artistic works in the page in the Website have asserted their moral rights to be identified as the author of those work.

13.  PRIVACY

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site or App, register on the Site or App, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site or App. Users may be asked for, as appropriate, email address, camera, microphone, and other data regarding the make, model of your phone, tablet or computer, or country identifier or user data Users may, however, visit our Site or App anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site or App related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site or App. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site or App, such as the operating system and the Internet service providers utilized and other similar information.

Web browser or App cookies

Our Site or App may use ‘cookies’ to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site or App may not function properly.

How we use collected information

We may collect and use Users personal information for the following purposes:

  • – To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • – To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site or App.
  • – To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site or App.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site or App.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party website or Apps

Users may find advertising or other content on our Site or App that link to the Site or Apps and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these Site or Apps and are not responsible for the practices employed by website or Apps linked to or from our Site or App. In addition, these Site or Apps or services, including their content and links, may be constantly changing. These Site or Apps and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website or App, including website or Apps which have a link to our Site or App, is subject to that website or App’s own terms and policies. Changes to this privacy policy We have the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.  This policy was updated on 7th February 2017. Your acceptance of these terms By using this Site or App, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site or App. Your continued use of the Site or App following the posting of changes to this policy will be deemed your acceptance of those changes.