1. Introduction

1.1   These terms and conditions shall govern your use of our website.

1.2   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3   You must be 18 years of age, or the age of majority in your province, territory or country, to use our website, products and services. Individuals under the age of 18, or the applicable age of majority, may utilise our website, products and services, only with the involvement and consent of a parent or legal guardian, under such person’s supervision and account and otherwise subject to these Terms.

1.4   Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.5   In this policy, the terms “we”, “us” and “our” refer to LiberationInMind and Dr Paul Ogilvie. The terms “product” or “products” refer to the website content, services, guided meditations, guided mindfulness, guided hypnotherapy or hypnosis, guided visualisations, and any other audio or video recordings available on this website.

2. Copyright notice

2.1   Copyright (c) 2011 to current date, Dr Paul Ogilvie.

2.2   Subject to the express provisions of these terms and conditions:

(a)   we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1   You may:

(a)   view pages from our website in a web browser;

(b)   download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)   stream audio and video files from our website; and

(e)   use our website services by means of a web browser,

(f)    you may only download media files such as mp3s which you have purchased,

subject to the other provisions of these terms and conditions.

3.2   Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3   You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4   Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5   Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

3.6   Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1   You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)   conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)   access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1   You may register for an account with our website by completing and submitting the account registration form on our website.

5.2   You must not allow any other person to use your account to access the website.

5.3   You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4   You must not use any other person’s account to access the website.

6. User login details

6.1   If you register for an account with our website, you will be asked to choose a user ID and password.

6.2   Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3   You must keep your password confidential.

6.4   You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5   You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1   You may cancel your account on our website using the options in your account section on the website. You will not be entitled to any refund if you cancel your paid account in accordance with this Section 7.1. If you are on a paid subscription, you will have full access to your paid account until the end of your subscription period.

7.2   We may:

(a)   edit your account details;

(b)   temporarily suspend your account; and/or

(c)    cancel your account,

at any time in our sole discretion, with the exception of the ‘download’ lifetime membership, providing that if we cancel any services you have paid for, and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.2.

if we cancel the ‘download’ lifetime membership, you will be given at least 1 month written notice, under this Section 7.2,  to download all the audio mp3 files you wish to keep.

8. Subscriptions

8.1   To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.

8.2   For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

8.3   We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

8.4   At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

8.5   For the ‘download’ lifetime membership, which has a one time purchase fee, there will be no refund of this fee for cancellation of the account. You may cancel the account in accordance with Section 7.1. At any time at our sole discretion, if we cancel the ‘download’ lifetime account, we will give you at least 1 month written notice to download all the audio mp3 files you wish to keep.

9. Fees

9.1   The fees in respect of our website services will be as set out on the website from time to time.

9.2   You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

9.3   We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

9.4   The fee for subscription services, whether paid on a monthly, annual or other basis, will not be increased in the future, even if the current fee for a new subscription service does increase, provided the user remains a paid subscriber under these terms

9.5   We do not collect any credit card information. We do not store any credit card information. All credit card processing is handled by our authorised credit card processing providers; PayPal.com, Gumroad.com and Stripe.com. The credit card processing providers do not send us any credit card information. The credit card processing providers process any payment related to your order, or subscription. You can find information about the payment services providers’ terms and conditions at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and https://gumroad.com/terms and https://stripe.com/gb/ssa

9.6   If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

9.7   If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)   an amount equal to the amount of the charge-back;

(b)   all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00; and

(d)   all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.7 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.7.

9.8   If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10. Your content: licence

10.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Your content: rules

11.1 You warrant and represent that your content will comply with these terms and conditions.

11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)   be libellous or maliciously false;

(b)   be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)   infringe any right of confidence, right of privacy or right under data protection legislation;

(e)   constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)   be in contempt of any court, or in breach of any court order;

(h)   be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)   be in breach of any contractual obligation owed to any person;

(l)    depict violence in an explicit, graphic or gratuitous manner;

(m)  be pornographic, lewd, suggestive or sexually explicit;

(n)   be untrue, false, inaccurate or misleading;

(o)   consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)   constitute spam;

(q)   be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

12. Medical disclaimer

12.1 Our website contains general primary subject matter which includes all content and products. It is for general information purposes only.

12.2 The primary subject matter is not advice and should not be treated as such.

12.3 The primary subject matter on our website is provided without any representations or warranties, express or implied.

12.4 Without limiting the scope of Section 12.3, we do not warrant or represent that the primary subject matter on this website:

(a)   will be constantly available, or available at all; or

(b)   is true, accurate, suitable, complete, current or non-misleading.

12.5 You should always seek the opinion of a qualified medical doctor for any symptoms, health concerns, illnesses, medical conditions or any medical matter you may have.

12.6 You should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the the information and products, published on our website without first consulting your doctor or another suitably qualified professional healthcare provider.

12.7 You should not make any changes to your medication or medical treatment of any conditions you may have without first consulting with your doctor.

12.8 You must not rely on the information and products on our website as an alternative to medical advice from your doctor or other qualified professional healthcare provider.

12.9 If you have any specific questions about any medical matter, you should consult your doctor or other qualified professional healthcare provider.

12.10 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

12.11 You should never delay seeking medical advice, disregard medical advice or discontinue or change medical treatment because of information and products on our website.

12.12 Our website includes features that allow users to communicate with us.

12.13 You acknowledge that, because of the limited nature of communication through our website’s features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

12.14 Any assistance you may receive using any our website’s features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

12.15 Subject to Section 14.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information and products, published on our website.

12.16 You should not drive, or operate machinery, or be in any situation in which your attention is required, whilst listening to any of the products, including guided meditations, guided mindfulness, guided hypnotherapy or hypnosis, guided visualisations, or any other audio or video recordings available on this website.

12.17 People with existing significant mental health conditions, such as severe depression or anxiety, schizophrenia, psychosis and bipolar disorder, or people with epilepsy, should consult with their doctor, before using any products and services available on this website.

13. Limited warranties

13.1 We do not warrant or represent:

(a)   the completeness or accuracy of the information published on our website;

(b)   that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

13.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

14. Limitations and exclusions of liability

14.1 Nothing in these terms and conditions will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

(a)   are subject to Section 14.1; and

(b)   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3 To the extent that our website and the information, products and services on our website, we will not be liable for any loss or damage of any nature.

14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

14.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid to us under the contract.

15. Indemnity

15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

16. Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)   send you one or more formal warnings;

(b)   temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)   block computers using your IP address from accessing our website;

(e)   contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)   suspend or delete your account on our website.

16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17. Report abuse

17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

17.2 You can let us know about any such material or activity by the website contact form, or email help@liberationinmind.com.

18. Third party websites

18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

18.2 We have no control over third party websites and their contents and services. We accept no responsibility for them for any loss, or damage, or offence caused, or alleged to be caused, that may arise from your use of or reliance on such websites or services.

19. Trade marks

19.1 LiberationInMind, Dr Paul Ogilvie, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

20. Assignment

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. Severability

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Third party rights

22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

23. Variation

23.1 This terms and conditions policy was last revised on 23 January 2019. We may revise this terms and conditions policy from time to time. We will post any changes to this terms and conditions policy here on this page. We encourage you to periodically review this page for the latest information on our terms and conditions.

23.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

24. Entire agreement

24.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

25. Law and jurisdiction

25.1 These terms and conditions shall be governed by and construed in accordance with English law.

25.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.

26. Statutory and regulatory disclosures

26.1 These terms and conditions are available in the English language only.

27. Contact information

27.1 You can contact us:

(a)   by post, using the postal address: LiberationInMind, PO Box 4773, Shrewsbury, Shropshire SY1 9EW, UK; or

(b)    by email, using the email address: support@liberationinmind.com.