Terms & Conditions

These are the terms and conditions on which we provide and sell all Services to you including website terms of use and terms and conditions of service. Please read these terms and conditions carefully (along with the other notices referred to in it), as they affect your legal rights.

Please read the document in its entirety. Should you need to access one section in particular you can use the menu links below.

1. Introduction
2. Privacy & Cookie Notices

Website Terms & Conditions of Use

3. Intellectual Property & Acceptable Use
4. Content and Contributions
5. Links to Third Party Websites and Resources
6. Disclaimers and Liability

Terms & Conditions of Service

7. Services & Goods
8. Customer / Client Obligations
9. Privacy, Confidentiality and Personal Information
10. Fees and Payment
11. Withdrawals, Cancellations and Refunds
12. Conformity
13. Circumstances Beyond Our Control (Force Majeure)
14. Copyright and Intellectual Property
15. Duration, Termination and Suspension
16. General, Jurisdiction and Severability

1. Introduction

1.1. These Terms and Conditions apply between you (the “User”, “Users”, “Customer”) of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Kerry Chumbley trading as Positive Twists, (“we”, “us”, “our”) the owner and operator of this Website (“site”).

1.2. These are the terms and conditions on which we provide and sell all Services to you. By purchasing any of our Services, you agree to be bound by these Terms and Conditions and represent and warrant that:

a. You are legally capable of entering into binding contracts

b. You are at least 18 years of age.

1.3. By using the Website and agreeing to these terms and conditions of use and service, you represent and warrant that you are at least 18 years of age.

1.4. Please read these terms and conditions carefully (along with the other notices referred to in it), 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.

1.5. Kerry Chumbley trading as Positive Twists Contact Details:

137 Camps Rigg, Livingston, EH54 8PE.
Email: kerry@positivetwists.com. Tel: +44 (0)7900688309

2. Privacy & Cookie Notices

2.1. These Terms & Conditions should be read alongside, and in addition to, our Privacy Notice and Cookie Notice, Please make sure you are comfortable with all notices prior to engaging our services.

3. Intellectual Property & Acceptable Use

3.1. All Content included on the Website, unless uploaded by Users, is the property of Kerry Chumbley trading as Positive Twists, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, 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, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without our prior written permission

3.2. You agree and acknowledge that in accessing the Website you do so only for your own personal use and benefit and that none of the content contained on the Website may be downloaded, copied, reverse engineered, sold, broadcast, distributed or used for any commercial purpose

3.3. Only where explicitly stated may you download and /or use content for your own personal and professional, non-commercial use. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Kerry Chumbley trading as Positive Twists.

3.4. You may not use the Website for any of the following purposes:

a. 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;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of Kerry Chumbley trading as Positive Twists;

3.5. You may not at any time share / advertise any content / works created by Kerry Chumbley trading as Positive Twists in any way that is deemed inappropriate / illegal / immoral and /or damaging to Positive Twists as a company or Kerry Chumbley as an individual.

4. Content and Contributions

4.1. We reserve the right to change or remove any part of the Website or its content or any part thereof without prior notice and no liability is accepted to you for any such changes.

4.2. None of the content of the Website is intended to be taken as advice or recommendation, professional or otherwise, and should not be relied upon by you in making any reaching any decision or conclusion.

4.3. Where the Website permits you or any other user to contribute content in any form, including but not limited to posting comments and uploading files (“User Contributions”) the following shall apply:

a. We accept no responsibility whatsoever for User Contributions or for any distress, injury or damage which they may cause

b. We reserve the right to control User Content which appears on the Website and may remove without prior notice any User Content which we at our sole discretion deem to be unfit or inappropriate for any reason.

5. Links to Third Party Websites and Resources

5.1. This site may contain links or references to external websites or resources which are owned, controlled or hosted by third parties. Unless expressly stated, these sites are not under the control of Kerry Chumbley trading as Positive Twists.

5.2. 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.

5.3. 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.

6. Disclaimers and Liability

6.1. All Users take responsibility for their own security, that of their personal details and their computers. We take every precaution we can but we make no guarantee or warranty of any kind, whether express or implied as regard to any of the following:

a. The uninterrupted or stable availability, accessibility of the Website or any of its content.

b. The suitability or compatibility of the Website or any of its content with any computer system, software or information storage or retrieval system.

c. The security of the Website or its content, or of any information which you submit to the website.

d. The absence of virus or malicious software or machine readable code anywhere on the Website or in its content.

6.2. We disclaim absolutely and to the fullest extent permitted by law any and all liability for all loss or damage which may be caused by using or accessing the Website or its content, whether direct or consequential and howsoever caused including but not limited to:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

6.3. Nothing in these terms or conditions shall be construed or interpreted as attempting to exclude or limit liability for death or personal injury which results from the negligence of us or any of our agents or employees.

7. Services & Goods

7.1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies of any goods supplied.

7.2. All Services which appear on the Website are subject to availability.

7.3. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

7.4. We reserve the right to alter, remove and change services available on this site; this will not affect those contracts which have already been entered in to unless expressly agreed in writing by both parties.

7.5. Whilst every effort has been made to present an accurate interpretation of services there may be slight variations in the carrying out of these services. If you are unhappy with the way services are provided please contact us immediately so as we may resolve any issues as quickly and effectively as possible.  Email: kerry@positivetwists.com  Tel: +44 (0)7900688309

7.6. See section 9 for information relating to confidentiality and privacy

Programmes, Courses and Membership Clubs

7.7. Access to resources and materials is available instantly (allowing 24 hours for information to be processed). Some programmes and courses require resources to be provided in parts in these cases you will have access to the first instalments only.

7.8. Unless explicitly stated you will have access to resources and materials for the duration of your contract with us (unless your obligations and financial terms have not been fully met) as follows:

a. for the duration of your programme or course

b. for the duration of your subscription payments

7.9. Links to access group support spaces will be available instantly (allowing 24 hours for information to be processed)

7.10. Details of live sessions will be released and discussed within the group support spaces.

7.11. Access to materials and resources is for your own personal use, In addition to section 3 and section 9, you may NOT share access to this content, by doing so we reserve the right to revoke further access to these materials and resources. Sharing access includes but not limited to:

a. Sharing your login details

b. Printing out and sharing content

c. Photographing and sharing content digitally

One to One Services

7.12. One to One service may include but is not limited to:

Business Development Work – strategies, planning, designing
Coaching
Consultation

7.13. Arrangements for your sessions will be made within 48 hours of your purchase.

7.14. Although sessions can be purchased individually, where block sessions are purchased they are considered as a whole (e.g. by entering in to a contract for six sessions you are not buying six individual session you are buying 1 block of six)

7.15. In the event that you are unable to participate in a scheduled session you must notify us with a minimum of 24 hours’ notice; failure to do so may result in the session being charged in full.

Design Services

7.16. Design Services may also include but is not limited to:

Graphic design
Branding
Website
Marketing Materials

7.17. Following initial session, depending on requirements, work will normally begin between 24 hours and 7 days following our initial discussion.

7.18. Separate documentation will be provided pertaining to the specifics of the work requirements. The work agreement will be read alongside and in addition to all other notices and documentation referred to in these terms.

8. Customer / Client Obligations

8.1. You must co-operate with us in all matters relating to the Services and provide us and our authorised employees and representatives with all information required to perform the Services.

8.2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

9. Privacy, Confidentiality and Personal Information

9.1. These Terms and Conditions should be read alongside, and are in addition to our notices, including our privacy notice and cookie notice

9.2. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

9.3. We retain and use all information strictly under the Privacy Notice.

9.4. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

9.5. It is understood that confidential Information may be shared (disclosed whether directly or indirectly or orally or by any other means and whether marked confidential or not) by you to us and us to you, throughout the duration of our communications.

a. Confidential information disclosed either before, on or after the execution of our agreement, which at the time of disclosure is not already part of the public domain shall remain confidential unless overwritten by legal requirements or permission is granted to share said information.

b. Confidential information may include personal information as well as any business, concept, invention or idea or the execution thereof or to any related manner, including, but not limited to, the following classes of information:

Financial information, accounts, or records

Commercial and marketing information, plans or strategies, or market research data

Business development ideas, plans, designs or specifications

Electronic or technical information, data, designs, or specifications

Information concerning internal procedures and processes

Projections or forecasts

9.6. We may contact you by using e-mail or other electronic communication methods

9.7. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: kerry@positivetwists.com

10. Fees and Payment

10.1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.

10.2. Payment through the website is carried out using PayPal, Stripe or GoCardless. You can access their Privacy Policies here:

PayPal Privacy Policy
GoCardless Privacy Policy
Stripe Privacy Policy

10.3. Where payment options are provided it is your responsibility to ensure you are happy with the option selected and the terms in which these are set out:

a. Monthly instalments will be taken in calendar months. All instalments must be paid on or before the due date (as notified to you by us).

b. Full Payments will be taken immediately upon purchase.

c. Any non-refundable deposits in relation to design services are paid prior to work commencing

d. Ownership of artwork, (including but not limited to materials, designs, resources, files) remains the property of Kerry Chumbley trading as Positive Twists until full and final payment has been settled

10.4. Where you have opted to make payments in instalments you will be liable for those payments until the full amount is received by us should you decide to cancel (as set out below in section 11)

10.5. Fees and charges include VAT at the rate applicable at the time of the Order.

10.6. Failure to settle payment within the timeframe agreed, without limiting our other remedies, may entitle us to:

a. Claim, in addition to the sums invoiced, interest on those sums at a rate of 1.5% percentage points per annum above the Bank of England Base Rate.

b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand

c. Withdraw access to services, resources and materials.

10.7. You must notify us immediately in the event that there are issues around fulfilling your financial obligations in the hope that we may come to a resolution quickly. Email: kerry@positivetwists.com Tel: +44 (0)7900688309

11. Withdrawals, Cancellations and Refunds

11.1. For the purposes of these Cancellation Rights, these words have the following meanings:

a. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b. Digital Products means content that is not on a tangible medium (in other words, is downloaded, accessed online, etc.)

11.2. All our services are provided under a distance contract (as defined above) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:

a. goods that are made to your specifications or are clearly personalised;

b. goods which are liable to deteriorate or expire rapidly.

Right to Cancel

As we offer a variety of services and goods please read each section (as set out below) carefully to ensure you are aware of your rights associated to the services you are purchasing before entering in to a contract with us.

11.3. The cancellation period will expire 14 days from the day the Contract was entered into (e.g. confirmation of your purchase).

11.4. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. by email). You must be able to show clear evidence of when the cancellation was made. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

Courses & Programmes

11.5. Courses and Programmes are classed as digital products therefore are not covered by the standard 14 day right to cancel.

11.6. By purchasing one of our courses or programmes, thus entering in to a contract with us, you are agreeing to waiver your rights to cancel as set out above.

11.7. If you have an issue with a product you have purchased, please email us so that we may resolve any issues and we will respond within 48 working hours.  Email: kerry@positivetwists.com. Tel: +44 (0)7900688309

One to One and Design Services

11.8. Where you have expressly requested this service start within the 14 day cancellation period you are agreeing to waiver your right to cancel if the service has been performed fully within the cancellation period.

11.9. Where you have expressly requested that this service start within the 14 days cancellation period, but the service has not been completed fully within those 14 days, you still have the right to cancel before the 14 days expire. However, you will still have to pay for the supply of the service for the period for which it is supplied; ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request. In addition to this:

a. All materials delivered to you to date in connection with the specific project must be returned

b. Use of work done in connection with the project without our explicit consent may result in additional fees or legal action

c. All original artwork, plans, designs and digital files prepared in connection with the project shall remain the property of Kerry Chumbley trading as Positive Twists

11.10. If you cancel a service contract after the 14 days cancellation period and are paying in instalments you will still be financially liable to fulfil your financial obligations until we have received payment in full.

Refunds

11.11. As digital products are not covered by the 14 day cancellation period you are not entitled to a refund if you change your mind after purchase.

11.12. If you cancel a service contract for a service that has not been delivered fully within the 14 day cancellation period you may be entitled to a refund. Each case is assessed on an individual basis.

11.13. If you cancel a service contract after the 14 day cancellation period you are not entitled to a refund whether the service has been carried out in full or not. Each case is assessed on an individual basis.

11.14. In the event that a refund is warranted we will:

a. make any refunds 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.

b. carry out the refund within 7 working days (allowing for differences in banking policies and procedures).

11.15. If you have an issue with a product you have purchased, please email us so that we may resolve any issues and we will respond within 48 working hours.  Email: kerry@positivetwists.com Tel: +44 (0)7900688309

12. Conformity

12.1. We have a legal duty to supply the services and goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation:

a. conform in all material respects with its description,

b. be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and

12.2. We will perform our obligations under the Contract with reasonable care and skill.

12.3. It is not a failure to conform if the failure has its origin in your materials, information and /or execution (use, implementation etc).

12.4. We will supply the Services with reasonable skill and care.

12.5. All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law

13. Circumstances Beyond Our Control (Force Majeure)

13.1. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation: lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

a. We will advise you as soon as reasonably practicable;

b. Our obligations will be suspended so far as is reasonable, provided that we will act reasonably, We will not be liable for any failure which we could not reasonably avoid, but this will not affect your rights.

14. Copyright and Intellectual Property

14.1 All content, materials and resources, unless explicitly stated shall remain the sole property of Kerry Chumbley trading as Positive Twists and you shall not redistribute or publish this Intellectual Property without the prior written consent (including but not limited to completion of service agreement and full and final payment for design work).

14.2. Neither you nor ourselves can claim or assert any rights to Intellectual Property belonging to any third party which may be used under licence or otherwise lawfully during the course of this agreement.

14.3. In addition to and alongside this section, please read section 3 - Intellectual Property & Acceptable Use and section 9 - Privacy, Confidentiality and Personal Information

15. Duration, Termination and Suspension

15.1. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards its bankruptcy or liquidation.

15.2. Upon termination of this agreement, outstanding payments in respect of service provided by us shall become immediately due and where the services have not been completed we shall be entitled to charge in respect of work completed up until the point of termination.

15.3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

16. General, Jurisdiction and Severability

16.1. 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.

16.2. 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.

16.3. These terms and conditions together with the Privacy Notice and Cookie Notice contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

16.4. 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.

16.5. 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.

16.6. These Terms and Conditions shall be construed and interpreted in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish courts.

© Kerry Chumbley trading as Positive Twists Last Updated: 28th May 2018

This privacy notice was created using Rocket Lawyer, Law On The Web, ICO and UK Government as references