The legal bit… or as some would say, the small print!
In a nutshell…
- This material is ONLY for personal use.
- It is offered on an educational basis, and
- You are over the age of 18.
The right of Noel Walker to be identified as the author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved.
No part of the course or programs may be reproduced by any mechanical, photographic or electronic process or in the form a photographic recording. Nor may it be stored in a retrieval system, transmitted or otherwise be copied for public or private use – other than for fair use as brief quotations embodied in articles and reviewed without prior written permission of the author.
The author does not dispense medical advice or prescribe the use of any technique as a form of treatment for physical or medical problems without the advice of a physician, either directly or indirectly. The intent of the author is only to offer information of a general nature to help you in your quest for emotional well-being and good health. In the event you use any of the information in this course or program for yourself, which is your right, the author and Open-Leaf assume no responsibility for your actions.
A more detailed explanation…
TERMS AND CONDITIONS OF SUPPLY
These Terms will apply to any contract between us for the sale or provision of Products and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products or Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products or Services from our site.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 11 (INTELLECTUAL PROPERTY RIGHTS) AND CLAUSE 12 (OUR LIABILITY).
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the websites www.open-leaf.com & www.Open-Leaf.co.uk. We are OpenLeaf, a company based in England with our registered office at Innovation Centre, Commerce House, Telford Road, Bicester, Oxfordshire. OX26 6LD. United Kingdom. Our main trading address is Innovation Centre, Commerce House, Telford Road, Bicester, Oxfordshire. OX26 4LD.
1.2 Contacting us:
(a) To cancel a Contract for Services in accordance with your legal right to do so as set out in clause 7 you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form click here on our website. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also contact us via our Contact form click here or contact us by post to OpenLeaf, Innovation Centre, Commerce House, Telford Road, Bicester, Oxfordshire. OX26 4LD. United Kingdom . If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us via our Contact form click here.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Use of our site
Your use of our site is governed by our Terms of Website Use click here. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
4. Purchasing Products and/or Services
You may only purchase Products and/or Services from our site if you are at least 18 years old, have legal capacity and you use them for personal use.
5. How the contract is formed between you and us
5.1 The pages in the order section of our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is or no longer available or because of an error in the price on our site as referred to in clause 9.4 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5.5 If the Contract includes the provision of mentoring, educational or other personal development Services, you agree to communicate with any individuals providing such Services on our behalf in an appropriate, courteous, timely and reasonable manner. You will be deemed to have breached this obligation if you engage in rude, threatening, aggressive or other inappropriate behaviour towards such individuals.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products and/or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or Services or just the Products or Services you have ordered which we have not yet processed. If you opt to cancel we will arrange a full refund of the price you have paid.
7. Right to Cancel
7.1 You understand and accept that by ordering Products which consist of digital content you are consenting to immediate performance of the Contract for those Products and acknowledge that you will lose your right of withdrawal from the Contract for Products once the streaming of the digital content has begun.
7.2 You understand and accept that by ordering the Services you are consenting to immediate performance of the Contract for those Services and acknowledge that you will lose your right of withdrawal from the Contract for Services once the Contract for Services is fully performed.
7.3 You have the right to cancel a Contract for Services and/or a Contract for physical Products within 14 days without giving any reason.
7.4 The cancellation period for a Contract for Services will expire after 14 days from the day of the conclusion of the Contract for Services.
7.5 The cancellation period for a Contract for physical Products will expire 14 days after the day you receive the Products.
7.6 To exercise the right to cancel, you must inform us OpenLeaf, Innovation Centre, Telford Road, Bicester, Oxfordshire. OX26 4LD. United Kingdom and email firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
7.7 You can also electronically fill in and submit the Model Cancellation Form on our website click here. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
7.8 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.9 If you breach any of your obligations under the Contract we have the right to cancel the Contract by giving you notice in writing.
8. Effects of cancellation
8.1 If you cancel a Contract for Services, we will, subject to clause 8.5 below, reimburse to you all payments received from you.
8.2 If you cancel a Contract for physical Products we will:
(a) refund you the price you paid for the Products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.3 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.4 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 the Contract..
8.5 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.6 As you have requested to begin the performance of Contract for Services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from the Contract for Services, in comparison with the full coverage of the Contract for Services.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) unless the Product is faulty or not as described (in this case, see clause 8.3), you will be responsible for the cost of returning the Products to us.
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date on which we email you to confirm acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside our Control. See clause 14 for our responsibilities when this happens.
9.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 If we miss the 30 day delivery deadline for any Products then you may cancel the Contract for Products straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.5 If you do not wish to cancel your Contract for Products straight away, or do not have the right to do so under clause 9.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the Contract for Products if we do not meet the new deadline.
9.6 If you do choose to cancel your Contract for Products for late delivery under clause 9.4 or clause 9.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and pay the costs of this. After you cancel your Contract for Products we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. Price of Products, Services and Delivery Charges
10.1 The prices of the Products and Services will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However please see clause 9.4 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products and Services may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product and/or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a number of Products and Services. It is always possible that, despite our best efforts, some of the Products and/or Services on our site may be incorrectly priced. If we discover an error in the price of the Products and/or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product and/or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and/or Services to you at the incorrect (lower) price.
11. How to pay
11.1 You can only pay for Products and Services using a debit card or credit card. We accept all major credit cards].
11.2 Payment for the Products and Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order or make it available for download.
12. Intellectual Property Rights
12.1 All intellectual property rights in the Products and Services belong to us.
12.2 The Products and Services are protected by copyright laws and treaties around the world. All such rights are reserved.
12.3 The Products and Services are for your personal use only. The Products and Services may not be copied, reproduced, distributed, transmitted, broadcast, sold or otherwise used for any other purpose whatsoever.
13. Our liability
13.1 Subject to clauses 12.2 and 12.3, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any loss resulting from a failure by you to use the Products and/or Services for the purposes for or in the manner in which they are intended to be used.
13.3 Subject to clause 12.4, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and Services.
13.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13.5 We are not in any way providing medical advice and are not prescribing the use of any technique set out in our Products and Services as a form of treatment for physical or medical problems without the advice of a physician, either directly or indirectly. We are simply providing information of a general nature to help you in your quest for emotional wellbeing and good health.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products and/or Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our site if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
15.6 Please note that these Terms are governed by English law. This means a Contract for the sale or provision of Products and/or Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.