HYPNOTIKA MENTE LIMITED a company registered in England and Wales under company number 08629714, whose registered office is at 15 Westwell Road, London SW16 5RU hereinafter referred to as ‘HM’ or ‘We’ set out the following terms and conditions upon which HM offers Users who are either unregistered Visitors, registered HM Subscribers or registered HM Experts herein referred to as ‘You’ and ‘Your’ a licence to use www.hypnotikadiet.com (the ‘Site’) and the Interactive Services. All Users who are registered on the Site are referred to as HM Members (i.e. HM Subscribers and HM Experts). These Service Terms incorporate the Privacy Policy and the Cookie Policy by this reference (collectively called the ‘Licence’).

 1.DEFINITIONS

The definitions to be read with the Licence being granted to You are set out in full at Clause 29.

  1. 2. GENERAL

2.1 By using any of the Interactive Services and the Site, You expressly agree to be bound by this Licence and all applicable laws and regulations governing the Site and the Interactive Services in Your jurisdiction. The Licence forms a legally binding agreement between You and HM in relation to Your use of the Site and/ or the Interactive Services and applies to all Users of the Site and the Interactive Services as applicable who may also be contributors of UGC posted on the Site.

 

2.2 HM is an intermediary host provider of an interactive, informative and resourceful membership platform which facilitates a number of exciting features involving the practice of hynotherapy and holistic therapies and is dedicated to helping You gain access to all of the Interactive Services the Site has to offer whether You are a HM Subscriber or a HM Expert.

 

2.3 To the extent permitted by the functionality of the Interactive Services and in accordance with the terms of the Licence, a HM Subscriber can:

(a)    browse the Site;

(b)    log in to their personal HM Subscriber Account;

(c)    upload UGC by way of e.g. a HM Subscriber Profile;

(d)    input HM Subscriber Information to document and maintain a HM Progress Journal;

(e)    access, share (and download where applicable for personal, non-commercial use) useful HM Content including but not limited to:

i.         hypnotic mp3s;

ii.         articles;

iii.         nutritional guides;

iv.         recipes and menus; and,

v.         training videos.

(f)     search for HM Experts by HM Expert Services and Location ;

(g)    share HM Subscriber insights with other HM Subscribers by way of uploading UGC via the Discussion Forums;

(h)    arrange, book and pay for Treatment Sessions with HM Experts via the Site;

(i)      interact with HM Experts via the private HM Mailer, HM Live Chat or Skype;

(j)     interact with HM Subscribers via the public Discussion Forums and the private HM Mailer, HM Live Chat or Skype; and,

(k)    any other Interactive Services that may be added to the Site from time to time.

 

2.4 To the extent permitted by the functionality of the Interactive Services and in accordance with the terms of the Licence, a HM Expert can:

(a)    browse the Site;

(b)    log in to their personal HM Expert Account;

(c)    upload UGC by way of e.g. a HM Expert Profile;

(d)    submit to HM for posting, useful HM Expert Content as referred to in Clause 2.1(e) which may be licensed to HM pursuant to a ‘HM Expert Services Agreement’ and made accessible to HM Subscribers via the Site;

(e)    make their HM Expert Services searchable via the Site;

(f)     arrange and book Treatment Sessions with HM Subscribers via the HM Mailer on the Site;

(g)    interact with HM Members via the private HM Mailer, HM Live Chat or Skype; and,

(h)    any other Interactive Services that may be added to the Site from time to time.

(the ‘Interactive Services)

 

2.5 IMPORTANT: HM provides a venue through which HM Subscribers and HM Experts can co-exist and communicate. For the avoidance of doubt, We do not create or own any Profiles or UGC and We do not provide nor monitor the content or quality of any HM Expert Services by way of Treatment Sessions which are the sole responsibility of the HM Expert.  Further and for the avoidance of doubt, when a Treatment Session is booked with a HM Expert, the performance of that Treatment Session is subject to the HM Expert’s own HM Expert Service Terms which are separate and distinct from this Licence and such Treatment Sessions take place off the Site. We are not party to any Contract that may ensue between a HM Subscriber and a HM Expert and HM has no responsibility whatsoever for the offering for sale, marketing, promotion and consequent sale and purchase and provision of, the HM Expert Services which originate from a Booking made via the HM Mailer via the Site other than those which are provided by HM per se.

 

2.6 You should read the Licence carefully and ensure that You understand the effect before proceeding to use the Site and/ or the Interactive Services. If You disagree with any part of the Licence, do not use the Site for the purpose of the Interactive Services. If You violate the Licence, HM may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

 

2.7 HM reserves the right to change the terms of this Licence at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that HM will treat Your use of the Site and/ or the Interactive Services as acceptance of the terms of the Licence including Your continued use subsequent to any changes being posted on the Site.

 

2.8 Words denoting an obligation on a User to do any act, matter or thing includes an obligation to procure that it be done and words placing a User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

 

2.9 You must be 16 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as is defined in Your jurisdiction, You must use the Site under the supervision of a parent, legal guardian, or other responsible carer.

 

  1. 3.LICENCE

3.1 When using the Interactive Services, if You publish any UGC (which for the avoidance of doubt does not include HM Expert Content) via the Site by way of e.g. Profiles, links, text, photos, images or videos or by contributing to publicly accessible areas of the Site, You automatically grant:

(a)    to HM, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Interactive Services, including without limitation the  promotion and redistribution of all or part of Your UCG  (and derivative works thereof) in any media formats and through any media channels;

(b)    to each HM Member, a worldwide, non-exclusive, royalty-free licence to access Your UGC through the Interactive Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Interactive Services and under the terms of this Licence.

(‘IP Licences’)

“Publicly accessible” areas of the Site are intended by HM to be available to all those HM Members registered on the Site who have a HM Account and a HM Login and who are eligible to use the Interactive Services on the Site (save for that UGC which can be accessed indirectly via the worldwideweb search engines).  Visitors to the Site who do not register for a HM Account can simply browse limited sections of the Site but will not be able to access the Interactive Services. HM will not hold any UGC for Visitors.

 

3.2 Unless terminated (or suspended) for reasons such as those set out in this Licence or unless HM is no longer providing the Interactive Services to You, the above IP Licences granted by You terminate where Your Licence terminates for whatever reason, or where Your UGC is deleted off the Site by You or HM and Your HM Login is denied access and Your HM Account is therefore terminated. You can freely delete UGC from the Site.

 

3.3  You agree that any UGC You use for the purposes of this Licence will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the IP Licenses referred to in clause 3.1 (a) and (b).

 

3.4 You understand and acknowledge that You have no ownership rights in Your HM Account and that if You cancel Your HM Account or Your HM Account is terminated, all Your information i.e. Your UGC including but not limited to Your HM Progress Journal will be deleted from Your HM Account and will be further deleted from any HM archives in due course.  UGC may continue to be retained by HM Experts or other HM Subscribers You have contacted via the Site and shared Your UGC with.

 

3.5 You acknowledge that email messages sent over the internet are not encrypted and are not secure. Despite efforts to protect Your Personal Data, We cannot ensure or warrant the security of any Data You transmit to us, via, to, or from our Site. HM does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. You transmit all such Data at Your own risk.

 

3.6 HM does not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences set out in Clause 3.1. For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party.

 

3.7 As between You and HM (and third parties with whom You might share Your UGC via the Site if applicable), You assert and waive any and all moral rights in Your UGC.

 

  1. 4. REGISTERING FOR A HM ACCOUNT

4.1You must not register as a HM Subscriber if You suffer from an eating disorder such as anorexia or conditions such as epilepsy, schizophrenia, psychosis , clinical depression or any other nervous or psychiatric condition . All training and yoga exercises are undertaken at Your sole risk. You are required to consult Your medical practitioner prior to partaking in any training and yoga exercises if You are pregnant, have recently given birth, suffer from back problems or any other condition whatsoever that could be made worse by these activities. Our programmes are provided for educational purposes only and do not substitute medical advice. You must not listen to our audio programme while driving, operating machinery or at any other time when you need to be fully alert. You expressly agree that HM shall be relieved of any and all liability for all Losses that arise due to Your failure to comply with this Clause 4.1.

 

4.2  In order to avail fully of the Interactive Services, it is mandatory to register for a HM Account. As a Visitor who chooses not to register for a HM Account, You will not benefit from certain features and functionality made available to registered HM Members.

 

4.3 To register, You are required to fill out certain Registration Information online via a HM Registration Form. The Personal Data that You provide must be true, accurate and complete at all times.

 

4.4 As a HM Expert, it is in HM’s absolute discretion to decide if You qualify (or continue to qualify) as a HM Member and hold a HM Expert Account and HM Expert Membership.  Your application will undergo a brief approvals process to ensure that the HM Expert Member Criteria is satisfied.

 

4.5 In order to provide You with maximum protection, You will be asked to create and input Your username and to choose a password to create Your HM Login in order to access Your HM Account on the Site.

 

4.6 You will keep Your HM Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your HM Login. We do not have the means to check the identities of people or businesses using the Site and will not be liable where Your HM Login is unlawfully used by another. You agree to notify HM immediately by email to info@hypnotikadiet.com of any unauthorised use of Your HM Login or Your HM Account of which You become aware (with “IMPORTANT” in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered HM Members or for any other reason in breach of this Licence.

 

4.7 As part of the verification and qualification process for registration (and subject to payment of HM Subscriber Membership Fees where You are a HM Subscriber), You will receive a link in an email which requires You to click on it to verify Your email address. This helps us to reduce spam. Once verified successfully, on becoming a HM Member, You will receive an automatic welcome email which means You are ready and authorised to start using the Interactive Services!

 

4.8 As a HM Expert, You will be identified by Your business name. As a HM Subscriber, You will be identified by Your name, which shall be publicly displayed to HM Members with whom You make contact via the Site.

 

4.9 You can cancel Your relationship with HM at any time. You can freely remove and delete Your UGC and You can cancel Your Account and Membership at any time by selecting ‘Delete My Account’ in Your HM Account.

 

4.10 Although HM cannot monitor the conduct of HM Members off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any HM Member without their prior explicit consent.

 

4.11 As a HM Member, You may not transfer ownership or sell Your HM Account or HM Membership to a third party.

 

4.12 Where HM has reason to believe that You have breached any provision of the Licence, HM reserves the right to disable Your HM Login, suspend Your access to the Site and HM Membership privileges and/or terminate Your HM Account. This includes all HM Memberships and HM Accounts by virtue of association at HM’s discretion. HM reserves the right to suspend the use of the Site for a HM Member pending the outcome of an investigation relating to a Complaint, a Dispute or a breach of this Licence.

 

  1. 5. COMPLAINTS

HM tries to meet the highest standards when providing the Site and the Interactive Services.  We take any Complaints We receive about this very seriously. We encourage HM Members to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way HM deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to this Licence in accordance with Clause 28.

 

  1. 6. DISPUTES

HM does not purport to, nor is it obliged to, verify each and every User who registers to become a HM Member and therefore cannot and does not confirm that each HM Member is who they claim to be. If You have a Dispute with another HM Member,  HM are sorry but We do not and cannot be involved in mediating, judging or in any way getting involved in, or concerned with, such Disputes and in the event that You have a Dispute with one or more HM Members, You release HM (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Disputes to the fullest extent permitted by law.

 

  1. 7. FEES & PAYMENTS & SETTLEMENT

7.1 HM Subscriber Membership Fee: HM shall be entitled to charge a HM Subscriber a monthly fee or one off fee. HM provides a method for maintaining Your HM Subscriber Membership by renewing and paying Your HM Subscriber Membership Fees when they fall due (‘HM Subscriber Membership Renewal Date’) via PayPal. HM Subscriber Membership Fees are paid monthly . You shall receive an invoice to Your email address on file detailing the amount due on the HM Subscriber Membership Renewal Date. You acknowledge and agree that the HM Subscriber Membership Fees will be debited monthly and You will receive an email from PayPal to confirm that this has taken place.

 

7.2 In the event that payment has not been received, a reminder email will be sent to You within seven (7) days from the HM Subscriber Membership Renewal Date. If payment is still not received in full within fourteen (14) days of the HM Subscriber Membership Renewal Date, Your Account shall be terminated and Your access to the Site and the Interactive Services will be blocked save for the Visitor access.

 

7.3 HM Expert Fees: A HM Expert authorises HM and its agents to accept payment by credit card and debit card via PayPal in connection with the provision of the HM Expert Services.

 

7.4 HM Experts authorise HM to charge and collect the face value of each Treatment Session booked by a HM Subscriber via the Site immediately after the Treatment Session has taken place.   The face value of the price of the Treatment Session is established by the HM Expert, paid for by the HM Subscriber and collected by HM.

 

7.5 HM facilitates a transaction between a HM Subscriber and a HM Expert upon completion of one or more Treatment Sessions (the ‘Booking’) by way of holding HM Expert Fees temporarily in Escrow. HM holds all HM Expert Fees deposited by a HM Subscriber in a separate client account pending successful completion of the Treatment Session.

 

 

7.6 HM Subscriber shall authorise the release of the HM Expert Fees from escrow, whereupon HM shall pay to the HM Expert an amount equal to the gross HM Expert Fees collected by HM less any amounts HM is entitled to in connection with this Agreement.  HM is entitled to retain the full amount of HM Payments in consideration for the Interactive Services provided prior to releasing the HM Expert Payments to the HM Expert Wallet. A HM Subscriber’s authorisation to release HM Expert Fees from escrow shall constitute HM Subscriber’s explicit confirmation that there shall be no Dispute raised in connection with the HM Expert Services that have been performed.

 

7.7 For the avoidance of doubt, HM is not a deposit taking body and any HM Expert Fees held by HM do not accumulate interest of any kind and are not insured deposits. HM will endeavour to ensure that the HM Expert Fees held in Escrow are available to the HM Expert upon completion of a Booking or alternatively, to the HM Subscriber should a Refund Event occur in accordance with these Service Terms. If any Refund Event occurs, HM shall be entitled to repay the HM Expert Fees (in whole or in part) to a HM Subscriber at HM’s sole discretion. 

7.8 HM shall be entitled to charge each HM Expert a per Treatment Session HM Payment as a fixed sum equivalent to ten per cent (10%) or a minimum of £3 whichever is greater, an example of which follows:

HM Expert Fees (cost of Treatment Session) HM Payment HM Expert Payment
£60.00 10% = £6 £54

 

 7.9 All costs relating to HM Payments are reviewable by HM and any revised fees and charges shall take effective immediately upon posting on the Site and will be applicable to all Bookings made after such posting.

 

7.10 The Site accepts pounds sterling, euros and US dollars.

 

7.11 HM does not charge a payment processing fee to a HM Member.

 

7.12 Invoices paid by HM Subscribers are routinely checked by our support team for fraud prevention purposes before any HM Payments are made to a HM Expert. This may lead to occasional delays in HM Payments being released to a HM Expert, of up to a few days, especially where a HM Expert or HM Subscriber are new to the Site. Once approved, the HM Expert is paid in to the HM Expert Wallet.

 

7.13 In the event of a Dispute, if any Refund Event occurs, HM will be entitled, in its sole discretion to refund a HM Subscriber in full or in part. In such circumstances, a HM Expert will receive either no HM Payments in relation to the Dispute in question or only part of the HM Payments respectively.

 

7.14 If any Refund Event occurs subsequent to the HM Expert receiving the HM Expert Payments from HM, HM shall be entitled to immediately receive the relevant HM Expert Payments back from HM Expert and failing to return such monies will constitute a material breach of these Service Terms. HM will also be entitled to withhold sufficient monies and offset any amounts payable to the HM Expert by HM under this Licence from any HM Expert Fees collected by HM thereafter to enable HM to refund the relevant HM Subscriber. HM shall be entitled to repay such monies to the HM Subscriber. A HM Expert shall be responsible for all chargebacks and/or refund requests and shall indemnify HM against all Losses resulting from chargebacks and/or refund requests.

 

7.15 HM Experts are independent contractors under any given Contract and engaged by a HM Subscriber to provide the HM Expert Services. Neither HM Experts nor HM Subscribers have the power to bind HM in any way in respect of the obligations of the same to the other and Clause 2.5 shall have the full force of law.

 

7.16 If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of the bank of England.

 

  1. 8. HM SUBSCRIBER OBLIGATIONS

8.1 When You use the Site and the Interactive Services and when You make a Booking and accept the HM Expert Services on offer, You must comply with any requirements as directed by HM and a HM Expert as amended from time to time and in accordance with this Licence and the HM Expert Service Terms. A HM Subscriber further and specifically agrees:

(a)    to provide all service, telephony and/or other fees and costs associated with Your access to and use of the Interactive Services;

(b)    to provide promptly and give to a HM Expert all such information as they may reasonably require                  in connection with the provision of the HM Expert Services;

(c)    to notify HM immediately should You become incapacitated in any way and unable to engage the HM Expert in respect of the Booking;

(d)    to be solely responsible in assessing the suitability of a HM Expert to undertake a Treatment Session and the accuracy of their stated credentials, expertise, references, CRB (where applicable) and any qualifications as stated in their HM Expert Profile;

(e)    to contact a HM Expert via the HM Mailer only in respect of arranging a Treatment Session. Other means of communication are prohibited;

(f)     not to act as an agent to promote the HM Expert Services performed by a HM Expert or any opportunities in relation to HM;

(g)    not to publish any abusive comments about a HM Expert or another HM Subscriber on        the Site or any other place including defamatory or derogatory comments;

(h)    to pay for the HM Expert Services ONLY through the Site. It is a material breach of the terms of this Licence to make payment directly to a HM Expert and circumvent the HM payment systems; and,

(i)     to maintain safe, appropriate and secure working conditions at the Location so as not to endanger or compromise Your health and safety or that of a HM Expert.

 

  1. 9.  HM EXPERT OBLIGATIONS

9.1  When You use the Site and the Interactive Services and when You provide Your HM Expert Services to a HM Subscriber, You must comply with any operational requirements as directed by HM and as amended from time to time and in accordance with this Licence. You further and specifically agree to:

(a)    assume all responsibility for Your role as a provider of the HM Expert Services;

(b)    deal fairly and professionally with HM Subscribers and not do anything which may bring HM in to disrepute. You will indemnify HM from and against any claim brought by a HM Subscriber arising from Your breach of this obligation;

(c)    adhere to any HM Recommended Price and/ or HM Maximum Recommended Price where possible;

(d)    ensure that You take out and maintain at all times Insurance Policies with reputable insurers with cover levels deemed acceptable and expected within Your industry and shall upon request supply to HM copies of the Insurance Policies and evidence that the relevant premiums have been paid;

(e)    accept full responsibility for any Disputes raised as a result of issues connected to the performance of Your HM Expert Services;

(f)     accept Treatment Session offers by a HM Subscriber via the Site. You should not commence a Treatment Session until notified by HM that HM Expert Fees have been received in advance and are held in Escrow. You acknowledge that HM cannot be held responsible for any costs or time incurred before such Message Notification has been given;

(g)    provide the HM Expert Services with all due care, skill and ability and in a timely manner and in the best interests of a HM Subscriber;

(h)    provide the HM Expert Services in accordance with the HM Subscriber’s legitimate instructions and devote as much time as may be necessary for their proper performance;

(i)     provide promptly and give to a HM Subscriber all such information as they may reasonably require in connection with the provision of the HM Expert Services;

(j)     act at all times in accordance with the highest professional standards;

(k)    only accept instructions within Your sphere of abilities and competency;

(l)     accept payment for a Booking ONLY through the Site. It is a material breach of the terms of this Licence to accept payment directly and circumvent the HM payment systems;

(m)   comply with all reasonable health and safety procedures from time to time reasonably expected of a HM Expert and report to a HM Subscriber and HM any unsafe working conditions or practices at the Location;

(n)    pay for all service, telephony and/or other fees and costs associated with Your access to and use of the Interactive Services; and,

(o)    not refer HM Subscribers to the HM Expert Site or any other online platform where a HM Expert may also offer the same or similar services, especially if offered at a rate lower than the HM Expert Fees.

 

  1. 11.  HM MEMBER ACKNOWLEDGEMENTS

11.1 HM Experts acknowledge and agree that HM may have many other HM Experts active on the Site concurrently and HM has no responsibility whatsoever for the HM Expert’s success, which is the HM Expert’s sole responsibility. Neither does HM guarantee that any number, or indeed any Bookings, will be received for Treatment Sessions.

 

11.2  HM Subscribers acknowledge and agree that HM does not and will not direct a HM Subscriber in any way and the Interactive Services offer no advice, recommendations, endorsements or legal representation under any circumstances.

 

11.3 The HM Expert Content available via the Site is provided on the understanding that a HM Subscriber is in good health. Such HM Expert Content is intended solely as a general educational and informational resource and is NOT intended to be used as a substitute for seeking professional advice and services from a suitably qualified medical provider familiar with unique facts. It is also not intended as medical or healthcare advice, or to be used for any medical diagnosis or treatment for any problem. Always seek the advice of Your physician or other qualified healthcare provider regarding any medical condition before booking a Treatment Session for any new treatment via the Site.

 

  1. 12.  HM OBLIGATIONS

HM agrees to:

(a)    provide the HM Services with all due care, skill and ability and in the best interests of a HM Member;

(b)    devote as much time to the provision of the Interactive Services as may be necessary for their proper performance;

(c)    provide promptly and give to a HM Member all such information as they may reasonably require in connection with the provision of the Interactive Services; and,

(d)    provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only) and customer support if a HM Member asks for this via the ‘Contact Us’ page on the Site.

 

  1. 13. TREATMENT SESSION BOOKINGS: CANCELLATIONS AND RESCHEDULING

13.1 Bookings may be cancelled by either party at any time in advance of the Treatment Session taking place subject to the notice of cancellation being provided in writing via the HM Mailer at least twenty-four (24) hours prior to the Booking.

 

13.2 If a Booking is cancelled by a HM Expert, the HM Subscriber and the HM Expert concerned may discuss the opportunity to reschedule and if this can be agreed, the HM Expert Fees already held in Escrow shall be retained and shall be applied to the rescheduled date. If the HM Subscriber and HM Expert are unable to reschedule, HM shall be entitled to refund the HM Subscriber in full.  For the avoidance of doubt, if a refund is issued to a HM Subscriber in respect of a Treatment Session cancelled by a HM Expert, the HM Expert will not receive any HM Expert Payment.

 

13.3 If a HM Subscriber cancels a Booking just twenty-four (24) hours or less prior to the start date and time of the Treatment Session, the HM Subscriber must pay one hundred percent (100%) of the HM Expert Fees that would have become due and payable for the first Treatment Session in a cancelled Booking.

 

13.4 If Service Provider cancels a Booking at very short notice i.e. within twenty-four (24) hours, the HM Expert should submit a genuine and valid reason. Such cancellations at short notice and no-shows without having cancelled in accordance with this Clause 13 as well as repeated cancellations may result in the termination of this Licence and in any event HM will log all cancellations for a period of twelve (12) months.

 

  1. 14.  HM SUBSCRIBER RATINGS AND OTHER ACTIVITIES

14.1 It is an optional feature of the Site and the HM Services that the HM Subscriber will leave HM Subscriber Ratings.

14.2 Where deemed necessary, HM is entitled to carry out an investigation upon receipt of negative HM Subscriber Ratings.

14.3 Nothing in this Agreement shall prevent a HM Expert from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the time that the HM Expert Account remains active provided that such activity does not cause a breach of any of HM Expert obligations owed to HM or a HM Subscriber pursuant to this Licence.

 

  1. 15. CONTENT ON THE SITE

With the exception of UGC submitted to the Site by You, all other content (including HM Expert Content) and the selection and arrangement of such content on the Site is either owned by, or licensed to, HM (‘Content’), and is subject to copyright, trade mark rights, and other Intellectual Property Rights of HM and HM’s licensors . Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of HM or, where applicable, HM’s licensors. HM and its licensors reserve all rights not expressly granted in and to their Content.

 

  1. 16. COPYRIGHT LICENCE

We will terminate the privileges of any HM Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, HM Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the HM Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing HM Member’s rights to use and/or access this Site.

 

  1. 17. GENERAL RESTRICTIONS ON USE

Subject to the following express restrictions, HM grants You permission to access and use the Site and the Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for the use for which they were intended. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of this Licence on Your part. You agree:

(a)    not to sell, license, rent, distribute or otherwise exploit any UGC or HM Content for any other purposes without the prior written consent of HM or the respective licensors of the UGC or the HM Content;

(b)    not to use the Site to send unsolicited advertising or promotions, requests for donations or spam;

(c)    not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Interactive Services, including but not limited to any UGC or Content, in any medium without HM’s prior written authorisation, unless HM makes available the means for such activity through the functionality offered by the Interactive Services;

(d)    not to alter or modify any part of the Site or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(e)    not to access UGC or HM Content through any technology or means other than the Site itself or such other means as HM may explicitly designate for this purpose;

(f)     not to access or attempt to access the HM Accounts of other HM Members or penetrate or attempt to penetrate HM’s security measures;

(g)    not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Interactive Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Interactive Services or the accessible UGC or HM Content;

(h)    not to use any area of the Site or the Interactive Services for any non-permitted commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication in accordance with these Service Terms. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Interactive Services. We reserve the right to block access to this Site with respect to any HM Member who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Service Terms, or infringing HM’s rights;

(i)     not to use the Site 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;

(j)     not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any HM Member of the Site or the Interactive Services; or,

(k)    not to unlawfully post any content on behalf of another.

 

  1. 18. PROHIBITED CONTENT

The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:

(a)    is patently offensive, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b)    could be harmful to minors or vulnerable adults;

(c)    could be seen to incite abusive behaviour another person;

(d)    constitutes Inappropriate Content;

(e)    harasses or advocates harassment of another person;

(f)     involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g)    promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h)    promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(i)     contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j)     displays pornographic or sexually explicit material of any kind;

(k)    provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Personal Data from anyone under 18;

(l)     provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m)   solicits passwords or personal identifying information for commercial or unlawful purposes from other HM Members; and,

(n)    engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

 

  1. 19. PRIVACY AND CONFIDENTIALITY

HM Members hereby agree that by releasing any Personal Data on or via the Site, they acknowledge that they are wilfully providing the same. As a HM Member, You understand that by accepting the terms of the Licence, You agree that HM and the Site are not responsible for any advice or information disclosed between HM Members and that by releasing Your personal details such as Your name and telephone number, You do so at Your own risk and by doing so it is understood that You hereby forfeit Your privacy and anonymity to the extent necessary to utilise the Interactive Services. These Service Terms incorporate our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Site and the Interactive Services.

 

  1. 20.  AVAILABILITY AND SECURITY OF THE SITE

HM does not warrant the validity and accuracy of information on the Site including the Interactive Services or that the Site is kept up-to-date.  The Site and the interactive Services may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. HM makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the Interactive Services. The Site and its content and the Interactive Services are delivered on an “as-is” and “as-available” basis. HM shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, HM does not represent or warrant to You that:

(a)    Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC or Content, search or link on it;

(b)    Your use of the Interactive Services will meet Your requirements;

(c)    any information obtained or downloaded by You as a result of Your use of the Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;

(d)    Your shared UGC will not be used by a third party in various ways;

(e)    there will not be any defects in the operation or functionality of any software provided to You as part of the Interactive Services; and,

(f)     those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.

 

  1. 21.HYPERLINKS AND SEARCH RESULTS

The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and HM does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against HM for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. HM advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.

 

22. TERM, SUSPENSION AND TERMINATION

22.1 This Licence shall commence on the date We activate Your HM Account on the Site and shall remain in full force and effect unless terminated by You or by HM in accordance with the Licence or when You or HM have cancelled or terminated Your HM Account. In the event of termination for any reason, Your rights under this Licence will terminate automatically without notice from HM if You fail to comply with any term(s) of this Licence including where information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete, or where You in any way have brought, or could bring, HM in to disrepute.

 

22.2 In the event of any such termination, HM shall not be liable for any Losses incurred by You after the date of termination. For the avoidance of doubt, if HM terminates this Licence with You and  You have money held in Escrow which is due to be paid or refunded to You, HM agrees to pay or refund such monies to You within thirty (30) days of termination. HM reserves the right to disallow a User to re-register.

 

22.3 You acknowledge that HM has no obligation to monitor any UGC provided by HM Members. You further understand and agree that in HM’s sole discretion, and without prior notice, HM may terminate the Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Interactive Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if HM believes that the UGC You provided has violated or is inconsistent with this Licence or violated the rights of HM or a HM Member. You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.

 

22.4 HM may release HM Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

 

22.5 You agree that monetary damages may not provide a sufficient remedy to HM for violations of this Licence and You consent to injunctive or other equitable relief for such violations.

 

22.6 You acknowledge and agree that to improve the Site and/ or the Interactive Services, HM may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at HM’ sole discretion, without prior notice to You.

 

  1. 23.  WARRANTIES AND INDEMNITIES

 

23.1 In accordance with Clause 2.5, HM Members acknowledge that HM is not itself directly involved in any Treatment Session provided by a HM Expert. Consequently, HM cannot make any guarantees to HM Members. For the avoidance of doubt, HM:

(a)    has no control over the quality, morality, safety or legality of HM Expert Services provided via the Site;

(b)    is not legally privy to any Contract that may ensue between HM Members off the Site;

(c)    does not guarantee that the information submitted by a HM Member is valid and accurate; and,

(d)    does not warrant availability or security of the Site in accordance with Clause 20.

 

23.2 HM Members warrant, represent and undertake to HM that:

(a)    You are personally responsible for the Registration Information posted by You on the Site which You state is accurate and      up to date;

(b)    You will comply with all Your obligations under Clauses 9 and 10;

(c)    You will only ever contact a HM Member via the Site;

(d)    You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable HM to use or display Your UGC in the manner contemplated by the terms of this Licence granted in Clause 3;

(e)    You are happy to share Your UGC with other Users as the case may be who access and/ or register on the Site;

(f)     You will comply with all applicable laws, Codes of Practice and Legislation;

(g)    You are solely responsible for any breach of Your obligations under the Licence due to Your act, omission, default or Your failure to comply with any of Your obligations under this Licence and for the consequences of any such breach or failure;

(h)    You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for HM to use or possess in connection with the provision of the Interactive Services;

(i)     all information provided to HM in respect of itself (when applying to become a HM Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;

(j)     You will comply in particular at all times with Clauses 17, 18 and 19 of this Licence relating to the General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,

(k)    You will keep Your HM Login details secure and confidential.

 

23.3 As a HM Expert, You further warrant that:

(a)    You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the HM Expert Services that You offer in Your HM Expert Profile on the Site;

(b)    Where Your HM Expert Profile claims that You have undergone a CRB or enhanced CRB check, You will provide us with a copy of such upon request;

(c)    You are responsible for Your own income tax, national insurance and other liabilities payable to HMRC;

(d)    You agree at all times to comply with the provisions of the Data Protection Legislation;

(e)    You shall not, without the prior written consent of HM at any time from the date of commencement of this Licence to the expiry of three (3) months after the final Booking has been completed, solicit or encourage services either in person or online to a person who is, or has been, a HM Subscriber;

(f)     in offering Your HM Expert Services via the Site, You are complying with all applicable laws, regulations and Codes of Practice for the time being in force and all guidelines laid down by any regulatory or professional body reasonably expected by a HM Expert to have jurisdiction over the HM Expert Services;

(g)    You are either not VAT registered and/ or will not charge a HM Subscriber VAT for Your HM Expert Services.

 

23.4 As the context permits, We make no warranty and hereby expressly disclaim any liability to You and You agree that You have no claim against HM in connection with any Losses incurred or suffered by You:

(a)    due to the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Interactive Services;

(b)    because the Registration Information You input into Your HM Registration Form is inaccurate or incomplete;

(c)    due to Your failure or inability to use the Interactive Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period;

(d)    connected to any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;

(e)    due to any changes which HM may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);

(f)     the deletion of, corruption of, or failure to store any UGC and other communications data maintained or transmitted by or through Your use of the Interactive Services;

(g)    due to any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto;

(h)    due to any unauthorised access or loss of Personal Data that is beyond our control; and,

(i)     the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

 

23.5 User shall indemnify and hold harmless HM on demand, and shall keep HM fully and effectively indemnified against any and all Losses incurred by or asserted against HM, arising out of or in connection with:

(a)    any breach of the Licence by a HM Member or the acts or omissions of a HM Member (other than and to the extent that any losses arise directly from breach of these Service Terms by HM or by HM’ negligence);

(b)    any action or claim that any part of the UGC uploaded by a HM Member to the Site is infringing the Intellectual Property Rights of a third party or is deemed Inappropriate Content;

(c)    any breach by a third party arising out of Your use of the Site and/ or the Interactive Services; and,

(d)    any and all Disputes or legal proceedings instigated by a HM Member.

 

23.6 Subject to Clause 23.8, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Interactive Services.

 

23.7 As a HM Subscriber, our liability to You whether in contract, tort or otherwise shall be limited to the amount paid by You to HM in respect of the HM Subscriber Membership Fees for the previous two (2) months leading up to the event which gave rise to the claim. As a HM Expert, You acknowledge that You act entirely independently in the provision of Your HM Expert Services (pursuant to the Contract) and in submitting HM Expert Content and consequently, We shall have no liability to You whatsoever.

 

23.8 Nothing in these Service Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

(a)    fraudulent misrepresentations;

(b)    any liability where the law does not permit such exclusion of liability; and,

(c)    death or personal injury arising from negligence.

 

23.9 Except as expressly set out in this Licence, HM gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

 

  1. 24. ENTIRE LICENCE AGREEMENT/ SEVERABILITY

The Licence incorporates the Privacy Policy and the Cookie Policy which together constitutes the entire agreement between You and HM in relation to Your use of the Site and/ or the Interactive Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting the Licence, the remaining terms shall remain valid and in force.

 

  1. 25. ASSIGNMENT

This Licence shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without HM’s prior written consent. HM reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as HM or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

 

  1. 26. NO WAIVER

Failure by either HM or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

 

  1. 27. THIRD PARTY RIGHTS

You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.

 

  1. 28. LAW AND JURISDICTION

All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts. HM makes no claims or representations that the Site and the Interactive Services may be lawfully viewed or accessed outside of the United Kingdom. Full access may not be legal by certain persons or in certain countries. You access the Site and the Interactive Services at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

 

  1. 29. DEFINITIONS

In this Licence (except where the context otherwise requires) the following words shall have the following meanings:

Booking: refers to one or more booked Treatment Sessions via the Site.

Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.

Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies or industry professional bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.

Complaint: means any dissatisfaction expressed by a HM Member as against HM in connection with the provision of the Interactive Services.

Contract: refers to the legally binding and enforceable HM Expert Service Terms governing the relationship between the HM Subscriber and HM Expert pursuant to the performance of the HM Expert Services by way of a Booking.

Data: refers to any personal or financial data to be governed by the Data protection Legislation.

Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

Discussion Forum: refers to the functionality of the Site in providing an open (non-private) discussion platform for HM Members.

Dispute: means any dissatisfaction or disagreement or complaint expressed by one HM Member as against one or more other HM Members.

Escrow: refers to a separate client account where HM Expert Fees are deposited in full upon the Booking being made and are only released upon successful completion of the Treatment Session and HM’s receipt of a HM Subscriber’s authorisation to release the HM Expert Fees in accordance with this Licence. Once deposited, HM Expert Fees can only be withdrawn from the escrow account under certain conditions, such as those listed as a Refund Event.

Fees: refers to the HM Subscriber Membership Fees and/ or the HM Expert Fees.

HM Account: means the secure account created upon registration from where a HM Member can access the Interactive Services via their HM Login.

HM Content: refers to content provided on the Site by HM or by a HM Expert i.e. including HM Expert Content.

HM Expert: refers to the professional who registers on the Site to avail of the Interactive Services and to provide HM Expert Services to HM Subscribers.

HM Expert Account: refers to the online HM Account used by a HM Expert.

HM Expert Content: refers to content that is licensed to HM pursuant to the terms of a ‘HM Expert Services Agreement’.

HM Expert Fees: refers to the fees paid to HM by a HM Subscriber in respect of a Booking.

HM Expert Member Criteria: refers to the minimum criteria required to become an approved HM Expert i.e. a HM Expert must:

i. have the relevant qualifications in their area of expertise as should be posted on the HM Expert Profile; and,

ii.hold the Insurance Policies.

HM Expert Payment(s): refers to the payment to a HM Expert of the HM Expert Fees less the HM Payment.

HM Expert Profile: refers to the registered Expert’s profile accessible on the Site.

HM Expert Services: refers to the services offered via the Site by a HM Expert and in accordance with this Licence.

HM Expert Service Terms: refers to the HM Expert’s own terms representing the Contract.

HM Expert Site: refers to the HM Expert’s own website from where they may run their own independent business separate to this Licence.

HM Expert Wallet: refers to where HM Expert’s HM Expert Payments are held once HM Subscriber authorises release from escrow and prior to HM Expert receiving the HM Expert Payments.

HM Live Chat: refers to the functionality available to do instant messaging via the Site.

HM Login: refers to the username and unique password a registered HM Member uses to access their HM Account.

HM Mailer: refers to the messaging system available for HM Members to communicate privately via the Site.

HM Member(s): refers to a registered User who has valid HM Membership.

HM Payment: refers to the amounts retained by HM in partial consideration of providing the Interactive Services i.e. the difference between the HM Expert Fees and the HM Expert Payment.

HM Maximum Recommended Price: seventy-five pounds (£75.00).

HM Membership: refers to the membership required to avail of the Interactive Services generally.

HM Message Notification: refers to what a HM Member may receive via the HM Mailer.

HM Progress Journal: refers to the means provided to a HM Subscriber to monitor their progress.

HM Recommended Price: means the sale price of sixty (£60.00) as recommended by HM from time to time and subject to the HM Maximum Recommended Price.

HM Registration Form: refers to the online registration form required to be filled in by a User to complete HM Membership.

HM Subscriber: refers to the subscriber and/ or potential client who has subscribed to the Site to avail of the Interactive Services and the HM Expert Services offered by HM Experts as the case may be.

HM Subscriber Account: refers to the online HM Account used by a HM Subscriber.

HM Subscriber Information: refers to the recording and monitoring of information relating to e.g. food consumption, personal eating habits, weight, size and measurements and any other information as the functionality of the Site permits.

HM Subscriber Membership Fees: refers to the monthly basic fees applicable to all HM Subscribers as set out in Clause 7.

HM Subscriber Profile: refers to the registered HM Subscriber’s profile available on the Site.

HM Subscriber Ratings: as per Clause 14.

Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a Virus.

Insurance Policies: all necessary, relevant and expected worldwide insurances including professional indemnity insurance cover and public liability insurance cover.

Intellectual Property Rights: database rights, patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Interactive Services: includes those services set out in Clauses 2.3 and 2.4.

Legislation: all applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law relating to this industry and off and online activity (including where applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000;   the  Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation, to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force.

Location: refers to where the HM Expert Services i.e. the Treatment Session is to be performed if face to face.

Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Payment(s): refers to the HM Expert Payment and/ or the HM Payment.

Personal Data: as defined in the Data Protection Legislation.

Profile(s): refers to a HM Subscriber Profile and/ or a HM Expert Profile.

Refund Event: where HM provides a Refund to a HM Subscriber for any reason (whether authorised by a HM Expert or not) including the following (where HM is satisfied that a Refund is legally due in all the circumstances):

i. where a Treatment Session  is cancelled or where a Treatment Session is not performed or completed or for any other similar reason

ii. where a Treatment Session is rescheduled such that it becomes necessary to cancel the Booking due to a HM Subscriber’s inability to be available on the re-scheduled date

iii. where a Treatment Session is not performed to a HM Subscriber’s reasonable satisfaction

iv. where some other form of Dispute arises.

Registration Information: refers to the online registration information collected by HM in the online HM Registration Form as further detailed in the Privacy Policy.

Site: means a website owned and operated by HM including www.hypnotikadiet.com

Treatment Session: refers to the potential treatment arranged and booked between HM Members.

UGC: means content provided/ generated by a HM Member (save for HM Expert Content), uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but are not limited to HM Member Mark(s), HM Subscriber Information, Registration Information, text, articles, images, Listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features (including Profiles) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by HM, HM Members (and Visitors where applicable).

User(s): means a non-registered Visitor and/ or a registered HM Member as the case may be.

VAT: means value added tax chargeable under English law for the time being and any similar additional tax.

Visitor: refers to the person who visits the Site but does not register to become a HM Member.

Working Hours: Monday to Friday 9am – 5pm during Business Days.

14 Day  MONEY-BACK GUARANTEE

A healthy and stable weight can only be obtained by  changing your lifestyle.  We support you on this journey by offering you motivational mp3’s, nutrition educational guides and fitness videos to fit your routine, however to obtain positive lasting results you need to follow the programme in full and as advised in our guidelines.

You understand that to qualify for a refund, you first need to do have:

* Read your guides and completed your Goal Setting forms in full ( we will need you to send us a scanned copy of this)

* Updated your daily and weekly progress tool in our site. (screen pictures of your daily and weekly progress need to be sent via e-mail)

* Listened to the daily and your weekly Mp3s as advised (reflected on your daily progress tool)