1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply courses, videos, worksheets, access to online support groups, and other items (collectively called a “product” in these terms).
1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide a product to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are THE POSITIVE MOTHERHOOD PROJECT LIMITED (trading as PLACE FOR PURPOSE), a limited company no. 13163486 with registered office at Britannia House, Caerphilly Business Park, Van Road, Caerphilly CF83 3GG.
2.2 How to contact us. You can contact us by writing to us at email@example.com or at Britannia House, Caerphilly Business Park, Van Road, Caerphilly CF83 3GG. 2.3 How we may contact you. If we have to contact you about your order we will do so by telephone or by writing to you at any email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when it is accepted via our website, at which point a contract will come into existence between us.
3.2 If we cannot fulfill your order. If we are unable to fulfill your order, we will inform you of this and will not charge you or will refund any payment made. This might be because of unexpected limits on our time or other resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a deadline.
4.PROVIDING THE PRODUCT
4.1 When we will provide the product. We will make digital content (such as videos, worksheets, etc.) available for access and download by you through our website portal as soon as we accept your order. If the product is a course including access to an online support group, we will provide access to you until either the course is completed (if applicable) or you end the contract as described in Clause 5 or we end the contract by written notice to you as described in Clause 7.
4.2 We are not responsible for delays outside our control. If our providing of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for a product you have paid for but not received.
4.3 When you own the product. If the product can be downloaded (such as a worksheet), you own the product once you have downloaded it, assuming that we have received payment in full for it. However, see Clause 10, Rights in the product.
4.4 Reasons we may suspend access to an online support group. We may have to suspend the provision of a product which includes access to an online support group, to (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the product as requested by you or notified by us to you.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 8; (b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 5.2; or (c) If you have just changed your mind about the product, see Clause 5.3. You may be able to get a refund if you are within the cooling-off period, but not for all products.
5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to; (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or (e) you have a legal right to end the contract because of something we have done wrong.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of digital products after you have started to download or stream them.
5.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. (a) Have you ordered a live course on a fixed date? If so, you have 14 days after we accept your order. However, if you order within 14 days of the start of the course, you cannot change your mind once the course has started, even if the 14-day period is still running. (b) Have you ordered an on-demand course with digital content for download or streaming (for example, worksheets and videos)? If so, you have 14 days after the day we accept your order, or, if earlier, until you start downloading or streaming.
6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by writing to us at firstname.lastname@example.org. Please provide your name, address, details of the order and, where available, your phone number and email address.
6.2 How we will refund you. We will refund you the price you paid for the product, by the method you used for payment.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible, usually within 14 days from the day on which we receive the product back from you.
7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
7.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website order pages when you placed your order.
9.2 When you must pay and how you must pay. We accept payment by credit card or debit card. You must pay for the product in full before we supply it.
10. RIGHTS IN THE PRODUCT
10.1 Ownership of the product. As per Clause 4.3, you own a digital product once we have received payment in full for it and you have downloaded it. However you do not have the right to share it with a third party, or allow a third party to download or stream it.
10.2 Ownership of intellectual property rights. We own all intellectual property in the product content, and in the names “The Positive Motherhood Project” and “Place for Purpose”. Even where you own a digital product, you do not have the right to copy it, publish or distribute it, or send or re-sell it to a third party.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive a product which is: as described and matches information we provided to you and of satisfactory quality.
11.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and The Positive Motherhood Project Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by The Positive Motherhood Project Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Positive Motherhood Project Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of The Positive Motherhood Project Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
1. retrieve, display and view the Content on a computer screen
2. print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of The Positive Motherhood Project Limited.
You may not use the Website for any of the following purposes:
in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Positive Motherhood Project Limited or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that The Positive Motherhood Project Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Positive Motherhood Project Limited is under no obligation to update information on the Website.
Whilst The Positive Motherhood Project Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
The Positive Motherhood Project Limited accepts no liability for any disruption or non-availability of the Website.
The Positive Motherhood Project Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, The Positive Motherhood Project Limited accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh.
The Positive Motherhood Project Limited details
The Positive Motherhood Project Limited is at Britannia House, Caerphilly Business Park, Van Rd, Caerphilly CF83 3GG and it operates the Website www.placeforpurpose.com You can contact The Positive Motherhood Project Limited by email on firstname.lastname@example.org
The Forum is fully moderated. Every contribution submitted to the Forum (Contribution) will be checked by us or our moderators for compliance with our content standards (Content Standards) before or as soon as reasonably practicable after it is published.
Although the Forum is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Forum or any other service we provide on our site and we may stop moderating the Forum at any time.
We reserve the right to remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the Forum by any person in contravention of these Terms.
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. We, or our moderators, will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
•Be accurate (where it states facts).
•Be genuinely held (where it states opinions).
•Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
•Be defamatory of any person.
•Be obscene, offensive, hateful or inflammatory.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
•Infringe any copyright, database right or trade mark of any other person.
•Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
•Be in contempt of court.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Impersonate any person, or misrepresent your identity or affiliation with any person.
•Give the impression that the Contribution emanates from us if this is not the case.
•Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
•Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. •Contain any advertising or promote any services or web links to other sites.
By submitting a Contribution to the Forum, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence.
We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.
BREACH OF THESE TERMS
•Immediate, temporary or permanent withdrawal of your right to use the Forum.
•Immediate, temporary or permanent removal of any Contribution already posted on the Forum.
•Issue a warning to you.
•Instigate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Take further legal action against you.
•Disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THESE TERMS
We may revise these Terms at any time.
You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on yo