any related services provided by pocketstressbuster.com
(1) The individual(s) requesting the provision of Services (“you”, “your”, etc.); and
(2) Pocket Stress Buster, a trading style of Victoria Walford, Unit 6 Queens Yard, Post Lane, London E9 5EN (“we, “us”, “our”, etc.).
1.1. Pocket Stress Buster provides services and courses to help you manage unwanted emotion, building resilience against worries, stress, anxiety and depression (“Services”). These are delivered through membership of our online platform or where you sign up for an online course (“Course”).
1.3. You understand and appreciate that:
- The use of our Services, including any Online Content, are aimed to assist you with your general wellbeing and are not bespoke to any specific needs that you may have.
- None of our Services including any Course constitute medical advice or advice concerning specific health needs as we are not qualified to advise on medical decisions or to provide diagnosis; it is up to you solely to seek your own qualified medical advice should you consider that to be necessary.
“Subscription” means your access to Online Content/any Course, including our 6-week training programme, or such other programme as specified at the time of sign-up, available through a specific area of our Site.
“Online Content” has the meaning given in paragraph 1.2, delivered via information and/or other media through our Site including, without limit, video, media files, logos and other materials.
“Intellectual Property Rights” means all rights in the nature of intellectual property including, without limitation, all copyright, design rights, trade marks, logos, get-up and similar, in content, media, publications or otherwise.
“Services” means any services as provided by us, from time to time and, where applicable, subject to payment as below.
- Provision of the Services
3.3. We reserve all rights in our sole discretion to amend, edit, modify or withdraw any Online Content as we deem appropriate.
3.4. Charges imposed by us for a Subscription or access to Online Content will be those indicated, from time to time, on our Site. You authorise us to take payment for all charges properly due, using your payment method(s) confirmed to us, or otherwise via direct debit or a similar method for any sum(s) that you owe.
3.5. You warrant that you have not been induced to enter in to a Subscription as a result of any representation, statement or assurance made on or before the date of you doing so, whether by us or by anyone associated with us and no such representation, statement or assurance shall be deemed to be incorporated in to a Contract, unless initialled by each of you and us and annexed to these terms and conditions. Any indication of any of our Services contained in marketing or promotional material were only issued for the sole purpose of giving an approximate indication of the nature and scope of the services described in them.
- Disclaimer relating to use of Online Content
4.1. You accept and acknowledge that any anticipated results from the use of our Services and any Course will depend on a multitude of factors, to include without limitation, prior levels of general health, diet, the time commitment given to the ideas and strategies included in our Online Content, your own beliefs and those which are unknown, and therefore expected results may not be achieved, or be achieved as quickly, as anticipated.
4.2. Any prior success stories that we may publish on our Site or other social media platforms are not and are not to be relied upon as indicative of similar success or the likely results that you would achieve, as each individual’s circumstances are different.
- Use of our Services and Expected Results
5.1. Where you participate in any of our Services, including via a Subscription to our Online Content, you acknowledge and accept that any information or content provided to you is for your information as part of an overall wellbeing plan that you may choose to undertake; as our Online Content and any Course is not delivered on a one-to-one basis where we would have the opportunity to guide you through best practice, the responsibility in deciding how best to use or apply any information provided to you, is solely yours. If you are unsure at all about the use of any information provided through Online Content, you should contact us or someone with relevant qualifications to provide you with appropriate advice as to your particular needs and circumstances.
5.2. None of our Services constitute medical advice or advice concerning specific health needs as we are not qualified to advise on medical decision or provide diagnosis; you must seek your own qualified medical advice.
5.3. The use of our Services, including any Online Content, are for information only and you acknowledge that such information is likely to form part of a wider programme towards your health and wellbeing; the extent to which you use our Services is your sole decision, with such appropriate medical, professional or equivalent guidance and you accept that it is your responsibility to make those judgments, given the nature and scope of the Services that we provide.
- Non-Reliance on Content
6.1. You agree and acknowledge that any information provided on this Site is for information purposes only and is not intended to be relied upon by you or taken in any way as advice or a recommendation of such material. We therefore disclaim to the fullest extent permitted by law (including with regard to any indirect or consequential losses you may suffer) all liability and responsibility arising from any reliance placed on such material by any user of this Site, or by any third party who may become aware of any of its contents.
6.2. You accept and acknowledge our recommendation to seek professional medical advice from a suitably qualified practitioner if your circumstances do not change, following your engagement with the ideas presented within your Subscription or via Online Content.
- Consumer Protection; Information and Cancellation Rights
7.1. In signing up to a Subscription, we are required to provide you with certain pre-determined information, under consumer law. Where a Contract comes into effect, this will be a distance contract, in other words, an arrangement where seller and buyer are not face-to-face; you therefore acknowledge your acceptance of being provided with that information electronically, as opposed to on paper or on another durable medium; however, if you would like to receive that information in a durable form, or if you consider that the relevant seller has not fully provided you with the necessary information, you should first contact the seller requesting all relevant information from them – you may do this through the Site but acknowledge that it is not our responsibility, as the provider only of the Services, to do so.
7.2. In addition, users are entitled to exercise certain cancellation rights, where they are acting as a consumer and provided that any Services are not bespoke or personalised. This right to cancel may be exercised without having to give a reason; if Services are defective, you, as a user, have additional rights.
7.3. A user’s general right to cancel may be exercised at any time within 14 (fourteen) days from the day after access to Online Content is provided.
7.4. If you wish to cancel your Subscription, you may do so by making a clear statement to that effect; it will help us where this is in writing; for example by letter or e-mail. There is a standard form of notice that a buyer may use, but they do not have to. An example of this is below:
To: Pocket Stress Buster
E-mail: [email protected]
I/We* hereby give notice that I/we* cancel my/our*contract for the supply of the following:
Ordered on*/received on* ………………………………….[date]
Name of consumer(s): ……………………………………………
Address of consumer(s) ……………………………………………………………………………………………
Signature of consumer(s) …………………………………………………………………………………………..
(only if this form is notified on paper).
(*Delete as applicable)
8.2. Where any sum remains outstanding and overdue, we may, in our discretion, suspend or terminate the provision of Services, to include suspending the availability of Online Content and/or claim interest or other remedies pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2002 (as amended).
- User Account
9.1. In order to access Online Content, you will need to set up an account with us at the time of Subscription. You must be at least 18 years of age to set up an account.
9.2. Your account is personal to you and should not be shared by anyone else. You will be asked to create a username and password and must keep those details confidential and secure; you agree not to share your username and password details or allow anyone else to access your account; likewise, you agree not to access anyone else’s account using their username and password. In setting up your account, you agree to provide to us certain items of personal information that we need in order to provide access to Online Content and to ensure that you are able to use these Services.
9.3. If you think there has been any unauthorised access to your account, we recommend that you change your details as soon as possible and notify us, providing us with an opportunity to investigate, should we consider that necessary.
9.4. In setting up an account, you will need to register a valid e-mail address and other personal details; you agree to keep all of those details up-to-date, from time to time. You appreciate that we will use these details to contact you, to provide relevant updates or where there are any issues or queries relating to your account or our provision of the Services. We will not use those details for any unauthorised purposes or for purposes that do not relate to the Services provided to you, unless you change your preferences as to how we use your personal data in compliance with the Data Protection Act 1998 (DPA) and our updated obligations under the General Data Protection Regulation (GDPR).
9.5. As your details include your personal data, please be assured that we are registered as a Data Controller under the current DPA and will comply with our similar obligations under GDPR; please see our Privacy Notice for further details about how we collect, use and protect your information.
- Availability & Content of this Site
10.1. We try to ensure that all information on this Site is accurate and error-free but we do not represent or warrant that the material comprised in this Site is completely accurate and/or up to date.
10.4. To add value to visitors’ experiences when using this Site, we may provide links to other websites or resources for you to access at your sole discretion, but you agree that we shall not be responsible or liable to you in respect of the availability or content of, or consequences of you linking to, any such external site; although we welcome links to this Site, we shall be entitled to demand that such links are broken if we consider the content or nature of the linking site to be unsuitable or unprofessional, as we see fit.
10.5. If the provision of Services on this Site is illegal for any reason in the jurisdiction in which it is accessed or viewed, access to and/or viewing of such material is not authorised by us and you accept that any continued use is unauthorised and illegal.
- Malicious Use of this Site
You must not use this Site in any malicious way, which shall include but not be limited to: knowingly, or allowing any third party to, introduce, post or transfer material which is malicious or intended to be technologically harmful to this Site and/or our property. You must not attempt to gain unauthorised access to this Site, its content, or the server(s) upon which it is held. Breach of this provision shall constitute a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to, and work with, the relevant law enforcement authorities to identify and bring a prosecution against you.
12. Suspension and Termination
12.3. You accept that in the following circumstances, we may end the provision of Services to you, without notice:
- b) where you suspend, or threaten to suspend, payment of your debts or are, or are deemed to be (under any applicable laws relating to insolvency), unable to pay your debts as they fall due or admit an inability to pay your debts or where you seek to compromise your liabilities or make an arrangement with creditors generally; or
- c) where a petition or notice is filed for or in connection with your insolvency, bankruptcy or similar event or where you otherwise commence any formal insolvency process under applicable laws.
12.4. You accept and acknowledge that we shall continue to be entitled to be paid, in full, all charges then outstanding, where Services are terminated.
- Intellectual Property
13.1. All Intellectual Property Rights in or arising from the provision of Online Content or anything else appearing on our Site, related to any Subscription or within our social media platforms shall, subject to any license granted under paragraph 13.2, be or remain our sole property.
13.2. Subject to you agreeing to and paying for a Subscription, we grant you a non-exclusive license to use any Online Content in connection with our delivery of the Services, or subject to our Contract where you have signed up for a Subscription, but not further or otherwise.
13.3. Online Content may not be shared, sold, sub-licensed or otherwise transferred without our prior written consent, which we may withhold; any license granted under paragraph 13.2 is for the benefit of you only and shall not be capable of being assigned or sub-licensed to any other person or entity.
13.6. Save as permitted above, no part of the Online Content may be reproduced or stored in any retrieval system, for any commercial purpose. You further acknowledge and agree that any other use of such Online Content is strictly prohibited and you agree not to, nor to assist any other person to, copy, reproduce, transmit, publish, distribute, commercially exploit or create derivative works of it or any part of it.
- Loss and Indemnity
14.2. You undertake to indemnify and hold us harmless from and against all losses, damages, costs, expenses and liabilities incurred or suffered by us or our agents as a result of or arising from your acts and/or omissions (including those of others acting on your behalf) which relate in any way to the provision of Services, or which arise from any claim or legal proceedings brought or threatened against us by any third party for the misuse of any rights, Intellectual Property Rights, data or other information supplied to us by or on your behalf.
- Limitation of Liability
15.2. Subject to the above, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by applicable law; for the avoidance of doubt this paragraph 15 shall not operate to exclude or restrict liability for breach of any obligation arising from the Supply of Goods and Services Act 1982 or, if deemed to apply, the Sale of Goods Act 1979, as against you where you are dealing as a “consumer” (as such term is understood by section 12 of the Unfair Contract Terms Act 1977) and/or pursuant to the Consumer Rights Act 2015.
15.6. In all cases, you accept that our maximum financial liability, save as excluded under paragraph 15.1, shall be the greater of £100 and the aggregate of all sums paid to us for the provision of Services in the preceding 12 (twelve) months.
16.6. We may assign, transfer or otherwise deal with any legally-binding agreement made between us, acting in our sole discretion, save that we shall procure the identity of any assignee is confirmed to you promptly in writing as soon as reasonably possible; any attempted assignment by you shall be void, unless we confirm our prior agreement in writing.
- Contacting Us
17.1. Our contact details can be found on our website at: pocketstressbuster.com
17.3. Communications shall be deemed to have been received, where delivered by hand or sent via e-mail, on the date that the communication was left at the relevant address or sent (provided that, in the case of e-mail, a successful delivery receipt is obtained), and if posted, on the second day (excluding weekends and public holidays) after the date that the communication was given to the postal authorities.
Last Updated: January 2020Return Home