This policy was last modified on 25 March 2018.
Our Sites and Services are offered and available to users who are 18 years of age or older. By accessing the Sites and/or Services, you represent and warrant that you are 18 years of age or older, and of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Sites and/or Services.
All use of the Sites and Services is governed by the terms set out below. All such terms and usage of the Sites or Services is governed by New Zealand law, where the Company is based.
“Sites” refers to the websites at www.bernadettelogue.com and www.thedailypositive.com, and all subdomains, apps, other digital properties and social media web pages associated with the Company and the Sites.
“Services” refers to all products and services offered by or through Bernadette Logue and/or The Daily Positive, including, but not limited to, written information, books, emails, tips, ideas, suggestions, discussion forums, presentations, methods, techniques, processes, audios, videos, affirmations, meditations, visualizations, coaching, classes, programs, courses, workshops, webinars, events, retreats and physical product merchandise.
“Users” will be deemed to be any person visiting or browsing the Sites, utilizing or applying the contents of the Sites, and/or any person purchasing Services from or through the Company (also referred to as “you”, “your” and “yourself”).
“Content Contributors” will be deemed to be any person or organization posting or submitting content of any form on the Sites or within the Services, including but not limited to comments, text, articles, blogs, photographs, videos, audios, products, services, courses or programs.
About Our Site
The Sites and Services provided by us, including but not limited to coaching services provided by Bernadette Logue, and all products and Services provided by The Daily Positive, are purely educational in nature and are offered only as general information, and in no way are intended, nor should be considered to be, professional, registered, certified or expert advice in the areas of psychological, emotional or physical wellbeing.
You should never disregard any Professional Advice (including but not limited to medical, mental health, legal, financial or other form of Professional Advice) or delay seeking it because of a statement you have read and/or heard on our Sites and/or Services.
Users must take full responsibility for their own use of and participation in the Sites and/or Services.
Users who purchase any aspect of the Services must disclose any health or wellbeing concerns that may impact upon their ability to use or participate in the Services, or which may in any way be impacted upon by their use or participation. Users must undertake full personal responsibility for looking after their own health and wellbeing before, during and after the use of or participation in Services. Users must advise the Company immediately if their situation should change in relation to either, and users must take full responsibility for immediately ceasing use of the Sites and/or Services.
Users must disclose any other coaching, energy work, healing, therapy, professional care, treatment or counselling they are receiving, and accept full responsibility for advising their coaches, healers, therapists, treatment providers, healthcare professionals and/or counsellors that they are using or participating in any type of Services provided by or through the Company.
Users accept that the Company and Bernadette Logue provide general information and support in the form of personal growth and positive living ideas, inspiration, life coaching and spiritual coaching, and that Bernadette Logue, as a representative of the Company, is not a psychotherapist, psychologist, therapist, counsellor or registered health or well-being practitioner. Users acknowledge that the Sites and Services provided by or through the Company are in no way designed as a substitute for the care, support or instruction of registered, qualified health and wellbeing practitioners.
Users of Services may be required to respond to personal declaration questions or questionnaires during the purchase process, prior to accessing the Services. Such responses are held in the strictest of confidence. Users agree to provide full and accurate information in the abovementioned questions or questionnaires, and agree to provide full and accurate information in response to any further questions asked of them during the use of Services.
Users acknowledge that while utilizing the Sites or Services, they have the right at all times to personally choose whether or not to participate in any form of tip, tool or technique presented for general personal growth, and if they choose to participate they do so of their own free will, and assume and accept all responsibility for any risks associated.
While using the Sites or Services, users acknowledge such use or participation may involve focusing on issues of emotional distress, and this may include recalling past events, memories or experiences. Users acknowledge that at any time they are not comfortable doing so, they will take responsibility for ceasing use of the Sites and Services immediately. While many people report positive experiences with the contents of the Sites and Services (including Tapping) users are hereby expressly informed that it is also a possibility to experience mental and emotional distress, or physical discomfort during or after such use or participation. If users experience discomfort or negative side effects, they are asked to stop use and participation, and it is recommended that they consult a registered health and wellbeing professional where appropriate.
The Sites and Services are not being suggested in any way as being a cure, treatment or prevention tool for any mental/emotional disorder or physical health issue. It is strongly advised that users seek appropriate care from registered health and wellbeing professionals, and treat all content of the Sites and Services as alternative tools for personal growth that may act as a complement.
Users acknowledge that private one-on-one sessions and public group sessions, courses, programs, classes, workshops, retreats or events provided by or through the Company, including with Bernadette Logue (representative of the Company) may be recorded into audio format. Where the aforementioned is a private one-on-one session, such an audio recording is only made with the express permission of the User for the sole purpose of providing the User with an audio recording of their session/s afterwards as a valuable resource for reflection to listen back to. Users acknowledge that they have the option to choose whether their sessions are recorded, and if they do not wish to have their session/s recorded in this way at any time, they will immediately advise Bernadette Logue. Public and/or group sessions, courses, programs, classes, workshops, webinars, retreats or events, whether offered free or as a paid Service by or through the Company, may be recorded in video and/or audio format for the purposes of delivering upon the requirements of our Services, for the purposes of operating our core business, or for improving upon our business operations. By attending, watching, listening, using or participating in such Services, Users agree to such recordings being made.
There is no guarantee of any specific outcome with utilizing or participating in the Sites or Services. The content of this Sites, including testimonials from previous or existing Users of the Sites and Services, is not in any way implying or creating an indication or expectation of a specific outcome, a promise of a guaranteed outcome, or a suggestion or direction that you create change, or take action, in any particular area of your life.
All results and potential results discussed or noted are hypothetical unless otherwise stated. No representation is being made that any action you take will or is likely to achieve particular results. In fact, there are frequently significant differences for individuals use or participating in the Sites and Services based largely upon the individual.
All testimonials on the Sites are unsolicited and are potentially non-representative of all Users. Some names of Users associated with testimonials have been withheld for privacy purposes only.
Many people find the Sites and Services to be beneficial and gratifying. However, it is not prudent for everyone. Your safety and our responsibility is taken seriously. If you have questions or concerns about whether or not our Sites and Services are suitable for your use or application, please contact a registered professional with the expertise to advise you. You are responsible for your choice to use or participate in any aspect of our Sites and Services, and you are responsible for your own well-being and mental health during and after your participation. Your experience as a result of such use or participation will be unique to you as an individual, and you may have the experience of unexpected and undesirable emotions as you participate. For most people, examining thoughts and beliefs they’ve never examined before is a beneficial and constructive learning experience. If you are in any way concerned about your capability in handling any unexpected or undesirable emotions that might surface while using or participating, we strongly advise you to not participate. If you have a history of mental illness, whether treated or untreated, we strongly advise you to not participate. If you are unsure whether or not Sites and Services are appropriate for you, or are unsure of your ability (physically, emotionally or mentally) to use or participate, we recommend you consult with a registered professional with the expertise to advise you before starting. The Sites and Services are intended for individuals who fully and undoubtedly comprehend that they are responsible for their own health, well-being and choices before, during and after using and participating. The Sites and Services are NOT in any way to be utilized as an alternative for medical treatment, psychotherapy or any healthcare program. If you experience any signs or evidence of mental distress during or after your use or participation, we strongly advise that you immediately contact your physician or mental health care professional. DO NOT begin to use or participate in the Sites and Services if your physician or other health care provider advises you not to. You should not rely on the information provided by Bernadette Logue or the Company as a substitute in any way for professional medical advice, diagnosis, or treatment. Nor does the information within the Sites or Services replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your physical or mental health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay acquiring medical advice from your healthcare provider because of something you may have read or heard while using the Sites or Services. Any information provided is used solely at your own risk. The content and material presented is for educational and informational purposes only.
User actions and the results of their actions in regard to anything they receive from Bernadette Logue and/or the Company are entirely their own responsibility. Bernadette Logue and the Company cannot and will not assume liability for any results that may follow the use of any information received from the Sites or Services. Any such liability is hereby expressly disclaimed. By using the Sites or Services, users agree not to hold the Company or Bernadette Logue (as representative of the Company) in any way responsible or liable for any experience associated with their use or participation (including before, during or after the provision), nor for any of their experiences, choices, actions or results.
Before using or applying information on the Sites or Services, Users agree that they have the right and free will to choose to seek external, independent advice from professionals before proceeding.
Our Right to Discontinue Sites, Suspend Sites or Terminate Your Use
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Sites (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Sites, or if for any reason all or any part of our Sites are unavailable at any time or for any period.
Your Access to Our Sites & Restricted Use of Content
The Sites and Services are intended for users aged 18+ years.
The following content standards apply when you post or submit content on or to our Sites, or when you visit or use our Sites and/or Services. All such posts, submissions, visits and/or use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you agree NOT to post or submit content, or use our Sites and/or Services:
- To send, knowingly receive, upload, download, use, re-use, duplicate, record, save, copy, reproduce, sell, re-sell, license, rent, modify, transmit, publicly display, print, publicly perform, publish, adapt, exploit, edit, or create derivative works from, the materials, content, reviews and ratings of the Sites and/or Services without express written permission from the Company.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the transfer or export of data or software to and from New Zealand or other countries).
- To promote any illegal activity, or advocate, promote or assist any unlawful act.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To promote or submit material that is sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To submit material that is obscene, defamatory, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- To bully, threaten, cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- In any way that might be likely to deceive any person;
- To misrepresent yourself as us, to impersonate or attempt to impersonate us, any of our employees, partners, affiliates, or service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
- To conduct yourself in any way that inhibits anyone’s use or enjoyment of our Sites and/or Services, or to conduct yourself in any way which we deem at our sole discretion may harm us or users of our Sites and/or Services, including to expose us or them to liability.
- In any manner that could impair or damage the Sites and/or Services, or interfere with anyone’s use of the Sites and/or Services, including but not limited to posting, emailing, transmitting, uploading or otherwise making available any material that contains software viruses, technologies or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- In any manner that involves use of any data mining, robot, spider, scraper, sniping software or other automated means to access the Sites for any purpose without our express written permission.
- In any way that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or that may interfere, damage, disrupt, or attempt to interfere, damage or disrupt the proper working of the Sites or any activities conducted on the Sites;
- To bypass any measures we may use to prevent or restrict access to the Sites, to gain unauthorized access to any parts of the Sites and/or Services.
- To post, transmit, display, promote, procure or conduct any commercial activity, advertising, sales, marketing, solicitations of business, promotion or bartering without our prior written consent. We reserve the right to remove or not publish submissions without prior notice;
- To advertise to, or solicit, any User to buy or sell any products or services through the Sites, or use any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent
- To submit comments or posts linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- To post content intended to provide Professional Advice, including but not limited to the provision of medical advice, mental health advice, legal advice or financial advice;
- To post personally identifiable information about yourself or any other person;
- To create or submit unwanted email (“Spam”) to any other Users of our Sites or Services.
We reserve the right to terminate your access to our Sites for any reason, and to take any other actions that the Company, in its sole discretion, believes to be in the interest of our Company and of our Users as a whole.
We Have all Rights in Our Sites and Content (Copyright)
You hereby acknowledge that you obtain no rights in the trademarks, tradenames, brand, content, products or services of the Company and third party materials.
You must not use our name, logo, related names, logos, product and service names, designs or slogans, nor those of our content contributors or affiliates, without the prior written permission of the respective party.
The content of the Sites and Services is protected by copyright and/or other intellectual property rights.
- The Sites, Services and all content therein is protected by copyright as a collective work or compilation under the copyright laws of New Zealand and other countries, and we (subject to certain intellectual property rights governed by laws of New Zealand, foreign jurisdictions or international conventions, and subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. The Sites, Services, and content protected by copyright includes, but is not limited to, trademarks, service marks, logos, brand names, product and service names, images, photographs, graphics, music, sounds, audios, videos, text, blogs, articles, software, scripts, interactive features, downloadable content or any other content or elements on the Sites. You must abide by all additional copyright notices or restrictions contained on our Sites.
- By posting or submitting content on or to our Sites (regardless of the form or medium with respect to such content, whether text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other), you are granting us, and our affiliates, agents and third party contractors, a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on our Sites and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content, including for commercial, promotional and/or marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise in writing) we may, or may permit users to, based solely on functionality provided and enabled by our Sites, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
- You shall be solely responsible for your own posts and submissions of any content on or to our Sites and/or Services, and the consequences of posting, publishing or sharing them, including but not limited to, text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other. In connection with each of your submissions, you confirm, represent, and/or warrant that:
- You acknowledge and agree that when you submit content in any form to the Company or our Sites we may authorize such content to be distributed or syndicated to or published on other Company branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
- In addition to the above, you agree that you will not:
• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
• publish misinformation, incorrect data, false claims, or misrepresentations that could damage us or any third party
- We are concerned about the integrity of our Sites, Services, content and brand when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Sites. Neither you nor any third party shall make use of the contents of our Sites in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
You Have Rights if You Believe Your Copyright is Being Infringed
The Company does not own all content on the Sites and/or in the Services. Content is posted, submitted and provided by Users and Content Contributors, each of whom or which (as the case may be) has represented and warranted to the Company that, among other things, the content they have posted, submitted or provided does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
Since the Company is not in a position to determine who has the prevailing claim to use any particular content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Users or Content Contributors allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Users or Content Contributors about allegations of infringement which pertain to them.
For matters of suspected copyright infringement and to provide us with notifications of infringement, contact email@example.com
Your Use of Our Sites is Subject to Certain Disclaimers
Information contained on the Sites and in the Services is provided “as is” without warranty of any kind.
THE COMPANY, AND ITS AFFILIATES, ADVERTISERS AND/OR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITES; (B) THE SERVICES; (C) THE INTELLECTUAL PROPERTY, INFORMATION, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITES AND THE SERVICES; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITES AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITES BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITES OR THE SERVICE OR ANY LINKED SITE.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE POSTS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES OR ANY INFORMATION, PRODUCTS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITES OR AVAILABLE THROUGH LINKS ON OUR SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS AND TECHNOLOGIES TO OUR SITES, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITES AND ANY MATERIALS AVAILABLE THROUGH OUR SITES, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOS; VIDEOS; PRESENTATIONS, BLOGS, ARTICLES, REVIEWS, PROMOTIONS, OPINIONS, STATEMENTS, FACTS, DATA, QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES (INCLUDING USERS AND CONTENT CONTRIBUTORS). DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF PROFESSIONAL ADVICE OF ANY NATURE (INCLUDING BUT NOT LIMITED TO MEDICAL, MENTAL HEALTH, LEGAL OR FINANCIAL) AND IT DOES NOT ADVOCATE THAT YOU TAKE ANY PARTICULAR ACTION. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by third parties, including but not limited to, Users, Content Contributors, Advertisers, Affiliates or other third parties (e.g. including bloggers, guest writers, providers of paid products and services such as classes, courses or programs, or users who contribute content via any commenting, forum, response Q&A platform or otherwise on our Sites) are theirs alone, not opinions of the Company. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by the Company.
You acknowledge that by providing you with the ability to view and distribute content through our Sites and/or Services, the Company is not undertaking any obligation or liability relating to the content. The Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Sites for inappropriate or unlawful content. the Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, the Company reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
We are Not Responsible for Linked Sites & Third Party Links
The Sites and Services include links to third party sites providing online information, materials, products and services.
The Company has no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such third party sites and services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available on or through such services.
Your business dealings, purchases from, communications with or participations in promotions, with advertisers or any other party (other than our us) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties.
You should read the Terms and Conditions, and Privacy Policies, provided on those sites before using such sites.
These links on our Sites and Services may from time to time be promotional links where the Company has a business agreement with third parties who provide information, products and services on such sites, where the Company is paid an affiliate commission for such a referral or sale made as a result of a user clicking on these promotional links.
We make reasonable attempts to link only to third party sites of a high standard where the information, materials, products or services appear to offer genuine usefulness and value to Users. However, we cannot and do not accept any responsibility for the content or delivery of those third party sites, how they collect information from you, their information, material, products or services, their customer service, their accessibility or unavailability, the quality or completeness of their work, products or services, how you might use such information, products or services, or the experience you have. We strongly recommend you do your own thorough due diligence before interacting with, using, applying or purchasing anything online.
Disclosure of Your Information When Legally Required To Do So
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
All Users of our Sites and/or Services must behave respectfully whenever visiting, interacting with, participating in or commenting on our Sites, engaging with other Users, Content Contributors or us. This is to ensure a safe community environment online in alignment with our mission and values.
We encourage you to report to us at firstname.lastname@example.org any suspected violations of this Agreement or any other additional terms posted on the Sites, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action at our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Sites, suspending or terminating the User accounts of such violators or suspending or terminating their right to use and access the Sites.
We reserve the right to, in our sole discretion, adopt, modify and post additional rules regarding acceptable conduct when using our Sites and/or in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us at our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, at our sole discretion.
Posting, Submitting Content & Commenting in Public Areas of the Sites
You should be aware while using the Sites and/or Services that if you post content or comments in a public area of the Sites, such as in blog comments, bulletin boards, or discussion forums, any Personal Information you choose to provide there can be read, collected, or used by other Users of these areas of the Sites and/or Services, as well as other external third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Sites.
You agree that you shall be solely responsible for your own posts, submissions and comments, and the consequences of posting or publishing them. This includes, for example, any personal information, such as your email address, your telephone number, your home address, the home address of others, your current location or any other personally identifiable information. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITES.
While we cannot be responsible for what you choose to share in the public forums, and we cannot undertake to monitor this, we reserve the right to immediately delete such information as soon as we become aware of it.
The Sites may contain certain features that enable Users to have login access to a Members Area where purchased Services are provided, delivered and/or facilitated. Users may have the option to interact directly with each other, including by sending private messages to other Users and posting comments and exchanging useful and helpful information with other Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be sceptical about information provided by others, and you acknowledge that the use of any posts, submissions or comments posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any posts, submissions or comments contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any posted or submitted by any other User of the Sites and/or Services.
Do not reveal information in Public Forums that you do not want to make public.
Responsibility for Your Own Access
You are responsible for all aspects of owning and maintaining your equipment and any services needed to access and use our Sites and/or Services, including all devices, Internet browsers and Internet access. Irrespective of how you choose to access our Sites and/or Services, via whatever device or connection, including a mobile or wireless device, you are responsible for all fees that you may incur, including charges from your carrier for data, text messaging and other wireless access or communications services.
Agreement to Communicate & Transact Electronically
You agree to communicate and transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means.
You authorize us to send you important notices about our Sites and/or Services, and any pending transactions, to an email address you provide to us if you have purchased access to any Services, or otherwise provided your email address to us, or in the alternative, by posting a notice on our Sites.
By using the Services, you consent to the receipt of such electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the “Unsubscribe” link provided in the footer of such messages. All emails sent by us include instructions on how to unsubscribe.
It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send to you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer our Sites and/or Services.
Regular Emails as a Subscriber
When you subscribe to receive emails and free resources or purchase Services from us, your email address will be added to our email subscriber list and we will send you regular emails aligned with our mission, values and intent in how we support our community of visitors and users of our Site and Services. These emails focus on positive living and personal growth information e.g. our ‘daily dose of positivity’ with free resources, news/updates, events, programs, products and other offers we believe are life enhancing and aligned to our mission.
If at any time you no longer wish to receive emails, you may remove yourself from our email subscriber list by following the “Unsubscribe” link provided in the footer of every email we send. If you have trouble unsubscribing for any reason, please contact us at email@example.com and we will process the unsubscribe for you.
We have a strict “no spam” policy and provide you with the ability to unsubscribe and/or opt-out of our communications by selecting the unsubscribe or opt-out links at the footer of all e-mails. It is our intention to always maintain the highest ethics and standards in our email communications, with only information that we believe will be of interest and of service to you as a member of our community for personal growth and positive living, and to never send out misleading information.
Services – Terms of Sale
User Accounts Registration & Responsibilities
If you wish to purchase and use any Services through the Site or on the Site that are online digital memberships, products, courses or programs, you must (a) register to create a User account on the Site in order to login to our Education Members Area to access such Services and (b) pay the applicable fees.
If you wish to purchase and use any Services through the Site that are physical products, you must (a) register to create a User account on the Site in order to login to your Shop Customer Account to access information relating to your purchase and (b) pay the applicable fees.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or any other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Site (the “Registration Data”). The Registration Data you may be required to provide us with includes, but is not limited to, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; and/or (v) if an applicable purchase is made, your credit, debit card or PayPal account information.
You agree to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.
You are responsible for (i) updating the Registration Data for, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data.
Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your User account. If you have reason to believe that someone is using your User account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use of your User account, please contact us at firstname.lastname@example.org
If you provide any Registration Data or other information to us that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your User account and refuse you any and all current or future access to and use of the Services (or any portion thereof). Access to and use of the Services, and registration for our Services, are void where prohibited.
Services – Prices & Payment
Any purchase of Services (including but not limited to products, courses, programs or coaching sessions) from the Site or otherwise from us shall be in accordance with the prices and purchase options set forth at the time of purchase.
Unless otherwise stated, purchase prices for Services on the Site are in United States Dollar currency (USD).
A receipt will be emailed to you immediately upon purchase, showing tax invoice details and confirming payment has been received. If you require a more detailed tax invoice for any reason please contact us at email@example.com and we will be happy to provide this.
You agree to take responsibility for all sales, use, property, service or other taxes that are applicable to you and your country in connection with your purchase of the Services.
New Zealand based customers purchasing Services from us (including but not limited to products, coaching, courses or programs) – we include 15% Goods & Services Tax (GST) in your final purchase price.
Services – Cancellation, Reschedule & Session Utilization Policy
A minimum of 24 hours notice is required to reschedule or cancel any private coaching session.
Sessions which are rescheduled, cancelled or “no show” with less than 24 hours notice are forfeited (charged/paid for irrespective of attendance). This is due to the late notice meaning we are unable to rebook/reallocate that dedicated session slot to another client. We appreciate your understanding.
Any sessions which are prepaid, must be utilized within 12 months from the date of payment.
Services – Terms of Sale
Some selected education and coaching Services provided by or through our Site/s may from time to time have either a trial period or limited-time money-back guarantee offer associated. Such trial periods or money-back guarantee offers for individual online digital courses, programs, coaching or membership or other education Services may differ, and will be detailed on the Site in the description of each individual Service where applicable or at the point of purchase when completing a transaction. This does not apply to physical products sold by The Daily Positive on www.thedailypositive.com (including but not limited to positive living clothing and homeware).
IMPORTANT: All the following points relating to money-back guarantee, cancellation and refunds applies only to selected education Services (per above) and does not relate to physical products sold (including but not limited to clothing and homeware).
- Any money-back guarantee provided on digital online education courses, programs, coaching or membership are offered in good faith on the basis that you have logged into the Education Members Area on our Site and fully utilized the purchased Service, or fully participated in private sessions, and that having done so with full participation, you deem it to have been unsatisfactory. The money-back guarantee offer does not cover “change of mind” or “change of circumstance”.
- Limit of 1 trial period per individual Service per user.
- Any cancellation or refund request during a trial period must be received by us in writing via email at least 48 hours prior to the end of the trial period. This is to allow sufficient time to process the cancellation or refund request before any automated product/service/membership subscription billing takes place.
- Any cancellation or refund request will be processed by us as soon as possible upon receipt of the request.
- Any trial period access to products/services/membership ceases immediately at the time a product/service/membership subscription cancellation or refund is processed, irrespective of how many days are left in the trial period.
- Any bonuses, gifts or freebies offered when purchasing a product, course, program or service of any kind (subscription or otherwise) are provided to you as part of your purchase or subscription. If you cancel and/or refund your purchase or subscription, your access to the bonuses, gifts or freebies ceases.
- If you chose a payment plan option or recurring subscription for any product, course, program or service of any kind, and you default on payments due, your access to the product, course, program or service is removed until due payment/s are made.
Services – Security Components
You understand that our Services, including but not limited to online products, courses and programs, that are provided, delivered and facilitated on the Sites and within our login-access Members Area, and software embodied within our products, courses and programs, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or Content Contributors who provide content to us. You may not attempt to override or circumvent any such security components and usage rules embedded in our Services.
Services – Non-Commercial Use
The Services provided by the Company, including online products, courses and programs, may not be used in connection with any commercial purposes, except as specifically approved by us. Unauthorized framing of or linking to any of our online products, courses or programs is prohibited.
Services – Intellectual Property
Our Services, including but not limited to online products, courses and programs, may contain content of the Company and/or of our third party licensors or Content Contributors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Services to which you register and pay for access, other than the right to access and use such Services under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our online products, courses, programs or other Services.
Services – Not-Accredited
The Company, its Services (including products, courses and programs), and the Content Contributors and presenters of those Services are not accredited or evaluated by any governmental, academic or other independent body. The use of and completion of any content, product, courses or programs accessed on the Sites and in the Services does not convey academic credit, certification, skill set or fitness to practise or perform any particular task, service or profession, and we make no representations or warranties to that effect.
Term & Termination
Your Representation of Warranties to Us
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES AND/OR THE SERVICES, OR INABILITY TO USE THE SITES AND/OR SERVICES, AS SET FORTH BELOW:
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
THESE EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ANY CASE WHERE THE LAW GOVERNING THIS AGREEMENT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITES AND/OR SERVICES. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO THE COMPANY IN THE PREVIOUS TWELVE (12) MONTHS.
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITES AND SERVICES IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH THE SITES OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITES, SERVICES OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITES AND/OR SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITES AND/OR SERVICES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
By using the Sites or Services, you agree to hold harmless, indemnify, and defend the Company, its parents, subsidiaries and their respective officers, directors, shareholders, employees, contributors, agents, subsidiaries, joint ventures, affiliates, licensors and advertisers from all liabilities, claims, expenses, including attorney’s fees, that arise from your use of the Sites or Services. The Company reserves the right to assume defense and control of any matter otherwise subject to indemnification by you. Under these circumstances you agree to cooperate with us in asserting all available defenses.
If you have a dispute with one or more Users of our Sites, Services or social media, you release us (the Company, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you have a dispute with any Content Contributor, advertiser, affiliate, or third party site, you release us (the Company, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
One Year Limitation on Action
Your use and this Agreement may be suspended or terminated if we receive notice that you have used the Sites or Services for purposes that violate the laws of New Zealand or laws of any other nations, including the posting of information that might violate third party rights, defame a third party or other criminal regulations.
The Company may disclose your identity if requested by a government or law enforcement body or as a result of a subpoena or other legal action, under such circumstances, though we shall not be liable for damages or results and you agree to not bring any action or claim against the Company for this disclosure, should the need arise.
International Users – Data Collection & Protection
The Sites and Services are owned and operated by ABBH Limited, a limited liability company in New Zealand. Please be aware that any information that we obtain as a result of your use of the Sites and/or Service will be subject to the laws of New Zealand. The privacy and data protection laws in New Zealand may not be equivalent to such laws in your country of residence.
You Must Abide by International Laws
Due to the global nature of the Internet, you agree to comply with all local rules, regulations and law regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.
Our Sites and Services are intended to Users aged 18+ years.
The Sites and Services are in no way directed toward nor intended to be for children under the age of 18 years old.
We do not knowingly collect or solicit information from children under 18 years old through our Sites or Services.
In the event that we learn that information has been collected from a minor under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible.
Due to the nature of the Internet, we cannot prohibit minors from visiting the Sites, including without limitation, our Services. If you believe that a minor has provided information to us via our Sites or Services, please contact us at firstname.lastname@example.org and we will use every effort possible to remove all the information provided by the minor from our systems.
Disputes Between Us
Should a dispute arise between you and the Company, we agree to first attempt a resolution with the help of a mutually agreed-upon mediator in New Zealand. Costs and fees other than attorney fees for the mediation will be shared equally. If the dispute cannot be resolved using a mediator, we agree to submit the dispute to binding arbitration in New Zealand. Judgment upon the award rendered by the arbitration may be entered in a New Zealand court.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Company.
We reserve the right to revise any part of the Agreement at any time. Revised terms are effective from the date of publication on the Sites. When you use the Sites or Services the terms as they appear at that instance are the terms which apply.
Any claim or dispute between you and the Company that arises from your use of the Sites, Service, or any agreement between you and the Company shall be decided exclusively by a court of competent jurisdiction located in New Zealand. You hereby expressly consent to the personal jurisdiction of the courts located in New Zealand and waive any objections to the laying of venue in such courts.
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Sites and Services, superseding any prior agreements between you and us relating to the same.
If one or more provisions outlined in the Agreement are void, unenforceable or deemed invalid by a court of competent jurisdiction, partly or in whole, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
Waiver and Severability of Terms
Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
By Using the Sites or Services You Agree
Questions & Contact
If you have questions or need to contact us please email to:
This policy was last modified on 25 March 2018.