WEBSITE TERMS OF USE AND LICENCE OF DIGITAL CONTENT
Betterminds Live LTD is a company registered in the United Kingdom under company number 14222128, with its registered office at 163 Cross Lane, Sheffield, England, S10 1WN and with VAT number pending[***] (the "Company"). The Company operates the website: www.bettermindslive.com[***] (the "Website").
1. Understanding these terms
1.1 These terms and conditions ("Terms and Conditions") are divided into three parts:
1.1.1 part 1: the terms of use ("Terms of Use"). These describe how you may: (i) access and use the Website and the content on it; and (ii) interact with the Website by (for example) submitting comments, images, videos or any other type of material. By using the Website you confirm that you accept the Terms of Use and that you agree to comply with them;
1.1.2 part 2: the licence of digital content ("Licence of Digital Content"). These set out the terms on which you may order and purchase the digital products available on the Website ("Digital Products"). The Licence of Digital Content will become binding on you when you submit an order for Digital Products via the Website and will be incorporated into the contract between you and us in relation to such order for Digital Products ("Contract"); and
1.1.3 part 3: general terms ("General Terms"). These set out certain terms and conditions that apply equally to your use of the Website under the Terms of Use and any purchases that you make through the Website under the Licence of Digital Content, including (for example) where you should direct any complaints and the law that governs these Terms and Conditions.
1.2 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms and Conditions, when we refer to "we", "us" or "our" or similar, we mean the Company; and when we refer to "you" or "your" or similar we mean you, the person accessing or using the Website.
1.4 Please note, however, that certain functions made available on the Website are governed by additional terms and conditions, including:
1.4.1 [***]; and
1.4.2 [***].
1.5 In addition to clause 1.4 above, please note that: (i) the Website uses cookies, the use of which are governed by our cookies policy; and (ii) we only use your personal information in accordance with our privacy notice (our cookies policy and privacy notice are available here).
PART 1: WEBSITE TERMS OF USE
2. The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.
2.3 The Website and the content on it are provided solely for educational or general information purposes only. Nothing on the Website or in the content should be used for the diagnosis, prevention, monitoring, treatment, alleviation, cure or mitigation of any disease, health or medical condition, injury, disability or physiological or pathological process or state. They Any recommendations or information provided on the Website or in the content are not intended to amount to medical, health or fitness advice and you should a) not rely on this information as a substitute for any professional medical advice, diagnosis or treatment, b) review and consider the appropriateness of such recommendations before implementing them, and c) discuss questions about any medical condition or health concern with your physician or other suitable medical professional. on which you should relyWe recommend you seek medical and/or any other professional advice as required.
2.42.3 You may only use the Website for your own domestic, private and non-commercial use.
3. Disclaimer for personal injury or death
3.1 Some of the content on the Website may require you to use gym equipment. You are responsible for using equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others.
3.2 Save where we have acted negligently or otherwise in breach of any other duty, you are responsible for using any machinery and equipment safely and you use such machinery and equipment entirely at your own risk.
3.3 You must follow any safety warning or instructions displayed or given to you while using the content on the Website. We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS SECTION BEFORE USING THE WEBSITE. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BEFORE USING THE WEBSITE.
3.4. Your account and password
3.14.1 You will need to register an account with us on the Website in order to access certain services available on the Website ("Account"). In order to register an Account, you must be ages 18 or over. [If you are under 18 and want to register an Account, you must have your parent or legal guardian’s permission.] If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party. Once you register an Account, you will be a "Registered User".
3.24.2 You agree that:
3.2.14.2.1 all the information that you provide to us in connection with your Account is complete and accurate;
3.2.24.2.2 you are the person whose details you have provided; and
3.2.34.2.3 you will notify us immediately if there are any changes to the information you have provided to us.
3.34.3 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.44.4 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected] [email address].
3.54.5 You are responsible for any unauthorised use of your Account login details.
4.5. Acceptable use
General
4.15.1 You agree not to:
4.1.15.1.1 use the Website in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation;
4.1.25.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
4.1.35.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
User Generated Content
4.25.2 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
4.2.15.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.25.2.2 it must not harass or bully another person;
4.2.35.2.3 it must be true and honest so far as you know;
4.2.45.2.4 it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
4.2.55.2.5 it must not be defamatory of anyone;
4.2.65.2.6 it must not be unlawful;
4.2.75.2.7 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
4.2.85.2.8 it must not contain someone else’s personal details or confidential information relating to other people;
4.2.95.2.9 it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
4.2.105.2.10 it must not promote or condone terrorism, violence or illegal behaviour;
4.2.115.2.11 it must not be harmful to minors in any way;
4.2.125.2.12 it must not impersonate any person, or misrepresent your identity or affiliation with any person;
4.2.135.2.13 it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
4.2.145.2.14 it must not violate these Terms and Conditions.
4.35.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. If you become aware of any User Generated Content that breaches clause 4.2 above, please contact us at [email protected] [insert contact details] , providing your full name and address, along with details of: (i) the date on which it was posted and where it can be found on the Website; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).
4.45.4 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.15.4.1 comment facilities;
4.4.25.4.2 chat rooms; and/or
4.4.35.4.3 bulletin boards,(together "Interactive Services").
4.55.5 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated . However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.65.6 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Viruses
4.75.7 We do not guarantee that the Website will be totally secure or free from bugs or viruses . You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.85.8 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5.6. Intellectual property
5.16.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Betterminds Live name and mark and Betterminds Live product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.26.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
5.36.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.46.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6.7. Our liability
6.17.1 Nothing in these Terms of Use excludes or limits our liability for:
6.1.17.1.1 death or personal injury caused by our negligence;
6.1.27.1.2 fraud or fraudulent misrepresentation; and
6.1.37.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.27.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
6.37.3 Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
6.47.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.57.5 The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.67.6 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to [£100].
PART 2: LICENCE OF DIGITAL CONTENT
7.8. Ordering Digital Products
7.18.1 You must be at least 18 years old to place an order for Digital Products via the Website (an "Order").
7.28.2 Please note that any purchases made through the Website are intended for domestic, private and non-commercial use. You should only make purchases from the Website if you are an individual and acting for purposes that are wholly or mainly outside of your employment, trade, business, craft or profession (a "Consumer"). By making a purchase through the Website and accepting the terms of this Licence of Digital Content, you represent to us that you are acting as a Consumer and not for purposes relating to your employment, trade, business, craft or profession.
7.38.3 In order to submit an Order via the Website you must first register an Account and then follow the procedure set out on the Website to submit your Order. The order process allows you to check and amend any errors before submitting your Order. Please check your Order carefully before confirming it, as once your order is submitted we will begin processing it immediately. You are responsible for ensuring that your Order is complete and accurate. The Order process is only available in the English language and we will not file a copy of any contract formed between you and us.
7.48.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you a confirmation email confirming the information you included in your Order and providing the relevant download link, PDF file or other means to make the Digital Products in your Order available to you ("Confirmation Email"). This Licence of Digital Content, the General Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the terms of the Licence of Digital Content and the General Terms and shall be a new and separate Contract between you and us.
8.9. Payment
8.19.1 The prices for the Digital Products and delivery are set out on the Website and are inclusive of VAT.
8.29.2 You shall pay for the Digital Products using one of the payment methods set out in the Order process (the "Payment Methods"). You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method which you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method.
8.39.3 It is always possible that, despite our best efforts, some of the Digital Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Digital Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Digital Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
8.49.4 If your payment is not authorised, your Order will not be fulfilled.
9.10. Cancellation and refunds
Cancellation/changes to an Order
9.110.1 You have a legal right to change your mind and cancel the Contract between you and us within 14 days of delivery of your Digital Products without giving a reason. This right, (which in the United Kingdom is a statutory right under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013), is explained in more detail below. Please note that the right to change your mind does not apply to any Digital Products you purchase from us and have already downloaded (i.e. once you have downloaded the Digital Product you are no longer entitled to cancel your Order or obtain a refund).
9.210.2 In the United Kingdom if you have purchased a Digital Product then you agree that this Digital Product will be available to you immediately and if you download the Digital Product you agree and acknowledge that you waive any automatic statutory right of cancellation that may apply to your Order.
9.310.3 Provided that you have not downloaded the Digital Product, the cancellation period will expire 14 days from the day on which you acquire possession of the Digital Products (i.e. once the Digital Product becomes available for you to download and access). You may cancel the Contract in respect of all Digital Products delivered or in respect of certain of the Digital Products only.
9.410.4 To exercise the right to cancel where you have not downloaded the Digital Product, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 16. You may use the following model cancellation form but you are not required to do so:
Model Cancelation Form
To: Betterminds Live, [address]
E-mail address: [address]
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
Date
(*) Please delete if not applicable
9.510.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
9.610.6 We will send you an acknowledgement of receipt of your notice to cancel by email.
9.710.7 If you cancel the Contract with us, we will reimburse you all payments received from you.
9.810.8 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
Refund payments
We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
Other refunds
9.910.9 You have legal rights in relation to Digital Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Digital Products that you have ordered do not conform with this Licence of Digital Content, please contact our Customer Services Team to request a replacement or refund.
9.1010.10 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Digital Products in a particular Order, we will refund the value of the Digital Product(s) that we were unable to fulfil. You may obtain a refund by contacting us (see clause 16 below for the contact details).
10.11. Digital Products
10.111.1 The images of the Digital Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours and content accurately, we cannot guarantee that your device's display of the colours accurately reflects the same colour of the Digital Products as on the Website.
11.12. Changes to the Digital Products
11.1 We reserve the right to change or update a Digital Product in the following circumstances:
1.1.1. To reflect changes in relevant laws and regulatory requirements;
1.1.2. To implement minor technical adjustments and improvements, for example to address a security threat or to ensure that the Digital Product works with the latest version of an operating system. These are changes that don’t affect your use of the Digital Product; and
1.1.3. To update digital content, provided that the digital content always matches the description of it that we provide to you before you purchase the Digital Product. We might ask you to install these updates.
12.13. Liability
12.113.1 Nothing in this Licence of Digital Content excludes or limits our liability for:
12.1.113.1.1 death or personal injury caused by our negligence;
12.1.213.1.2 fraud or fraudulent misrepresentation; and
12.1.313.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
12.213.2 If we fail to comply with the terms of this Licence of Digital Content, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence of Digital Content or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
12.313.3 We are under a legal duty to provide you with Digital Products that are in conformity with the terms applying to your Order. Nothing in this Licence of Digital Content affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
12.413.4 We only supply Digital Products for domestic and private use. You agree not to use the Digital Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.513.5 Notwithstanding clause 12.2, and save as set out in clause 12.1, our maximum liability to you under this Licence of Digital Content in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
PART 3: GENERAL TERMS
13.14. Suspension and termination
13.114.1 If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
13.1.114.1.1 issue a warning to you;
13.1.214.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;
13.1.314.1.3 temporarily or permanently withdraw your right to use the Website;
13.1.414.1.4 suspend or terminate your Account;
13.1.514.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
13.1.614.1.6 take further legal action against you; and/or
13.1.714.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
13.214.2 If we end a Contract in the situations set out in clause 13.1, we will refund any money you have paid in advance for Digital Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Contract.
14.15. Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time (if, for example, there is a change in the law that means we need to change these Terms and Conditions) but the terms of the Licence of Digital Content applicable at the time of your Order will apply to that Order. Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Website and/or order Digital Products.
If you are a Registered User, we will provide you with at least [thirty (30)] days’ advance notice of any changes to the Terms of Use and/or these General Terms, unless the change is due to a change in law or for security reasons (in which case we may need to change the Term of Use and/or these General Terms on shorter notice). If you do not wish to continue using the Website following the changes to the Terms of Use and/or these General Terms, you can cancel your agreement to the Terms of Use and/or these General Terms by cancelling your Account.
15.16. Other important information
15.116.1 Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
15.216.2 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.17. Governing law and jurisdiction
16.117.1 These Terms and Conditions are governed by English law. This means that your access to and use of the Website, your purchasing of Digital Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
16.217.2 You may bring any dispute which may arise under these Terms and Conditions to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
16.317.3 If you are a consumer and are resident in the UK or the European Union and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including clause 16.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
17.18. Contacting us
17.118.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: [***]
Email address: [***][email protected]
Telephone number: [***]
Thank you.
Terms and Conditions last updated [***]
