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TERMS & CONDITIONS Updated 1st October 2008 This website is operated by Paul Dalton. As a user of this website (referred to as "you ") you acknowledge that any use of this website including any orders you place with Paul Dalton and any other transactions you make ("use/using") is subject to Paul Dalton’s terms and conditions below. Please: - read through these terms and conditions carefully every time you use the website, in particular, your attention is drawn to SECTIONS 5 and 6 (Limitation of Liability & Virus Disclaimer) - also read Paul Dalton’s Privacy Policy section regarding your personal information. 1. General (a) By using this website and / or Paul Dalton’s products and / or services you agree to the terms and conditions set out here in these Terms and Conditions. (b) Paul Dalton reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. (c) You agree that you have read and understood these terms and conditions and that you will continue to keep yourself informed of these terms and conditions. 2. Company information 3. Product Ordering (a) Contract formation (i) Your order to purchase a product from Paul Dalton is deemed to be an offer to purchase. Paul Dalton may accept or decline your offer, and will inform you if your offer to purchase has been declined. (ii) Following the completion of your order process, I will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance. (iii) Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered (the Goods) unless he has notified you that he does not accept your order or you have cancelled it. (b) Payment (i) Payment will be taken from your card when your order is received. In the event that Paul Dalton is unable to complete your order you will be informed of this as soon as possible. A full refund will be given where you have already paid for products / services that cannot be delivered. (ii) The price you pay is the price displayed on this website at the time I receive your order apart from the following exception - whilst every effort is made to ensure that all prices on Paul Dalton’s website are accurate, errors may occur. I will inform you as soon as possible, if I discover an error in the price of goods you have ordered. In such a case, you will be given the option of reconfirming your order at the correct price or cancelling it. If I are unable to contact you I will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. (iii) All payments must be made by card by using the PayPal payment method. For information about the security of this website, please see the Privacy Policy below. (iv) Title to any products you order through this website (digital downloads or otherwide) shall pass to you on delivery of the products provided that you payment have been received and processed in full for the products. (v) All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. 4. Courses (a) Enrolment on Courses and Order confirmation (i) Completing an application form to enrol upon a course / seminar / workshop with Paul Dalton is deemed to be an offer to purchase. Paul Dalton may accept or decline your offer. He will inform you if your offer to purchase has been declined. (ii) You confirm that you do not have a criminal record. (iii) You confirm that you do not have reason to suspect that you currently have or may have depression/ clinical depression and / or other psychological illness. You also confirm that if you have ever been diagnosed with depression/clinical depression and/or other psychological illness in the past that your recovery was at least two years before your course enrolment application and that you have obtained your doctor's informed consent and/or approval to attend the training programme. (iv) Following the completion of your order process, I will send to you an order acknowledgement e-mail detailing the services you have ordered. Please note that this email is not an order confirmation or order acceptance. (v) Acceptance of your order and the completion of the formation of a contract between you and Paul Dalton will take place on dispatch to you of the order confirmation, unless Paul Dalton has notified you that he does not accept your order or you have cancelled your order prior to such confirmation. (b) Course Cancellation (i) If due to unforeseen circumstances any delegate needs to cancel an enrolment, up to one month before the course / seminar / workshop commences a refund of 66% of the paid course / seminar / workshop fee will be made by Paul Dalton (less a deposit which amounts to £150.00, or 50% of the course fee if the programme is less than £150.00). Unfortunately, for any cancellations made within a month of the start date or after the start date of the course / seminar / workshop, no refunds are available. (ii) If for any reason or due to unforeseen circumstances the programme you enrol upon has to be cancelled, Paul Dalton will refund your payment in full. Paul Dalton will not be liable for any other expenses. (c) Conduct of courses (i) Paul Dalton reserves the right to substitute the advertised trainers and include additional trainers and special guest trainers at any time. (ii) Paul Dalton reserves the right from time to time to vary in its absolute discretion the course content and the material covered to that advertised, whilst ensuring that such content and materials will correspond with the overall requirements as advertised. (iii) Paul Dalton reserves the right to deny, at his absolute discretion, without any prior notification and any reason being given, access to any individual or group of individuals, for the welfare of participants and organisers, and for the purpose of ensuring that the course/ seminar/ workshop runs smoothly, safely and in a manner which reflects the nature of the training, for all or part of the course and/or registration. (iv) If the need to deny access arises you agree that full payment will be retained by Paul Dalton. (v) Qualification (where applicable) is awarded upon successful completion of the course / seminar / workshop. 5. Limitation of Liability (a) Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. (b) Subject to Section 5(a) above: (i) Paul Dalton will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law and subject to section 5(a) above. (ii) Please note that information on these pages and on Paul Dalton’s products and in Paul Dalton’s services is not a substitute for qualified medical advice and does not replace the advice of your doctor. Paul Dalton accepts no liability for your use of this website and for the information contained on this website. You acknowledge that as you have not received any personalised advice from Paul Dalton, Paul Dalton cannot be liable for the suitability of the products and / or the information provided as part of his services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of these products and services is at your own risk. Furthermore, no guarantee can be given of any outcome as a result of your use of any of these products and/ or services. (iii) Information
provided Paul Dalton’s books, printed course manuals, websites and
podcasts is for informational and / or entertainment purposes only. Information
provided in Paul Dalton’s books, printed manuals, websites and podcasts
does not constitute professional training in hypnosis, hypnotherapy, counselling,
NLP, coaching, psychotherapy or other form of therapy; business, personal,
spiritual, or career advice, nor should any information in Paul Dalton’s
seminars and / or audio products and / or emails and / or published books
and / or printed manuals and / or websites and / or podcasts be taken
to mean that you are being advised to act or not act in any specific way
by Paul Dalton and / or by the author(s) and / or by any contributor to
such work. (v) Paul Dalton will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any: (v).1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or (v).2 loss of goodwill or reputation; or (v).3 special or indirect losses (v).4 other losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. (c) Notwithstanding the above, Paul Dalton’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to £1.00 or a sum equal to the amount paid or payable by you for the product(s) and/or services in respect of one incident or series of incidents attributable to the same clause, whichever is the greater. (d) This clause 5 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 6. Virus disclaimer (a) Reasonable steps have been taken to protect this Website by anti virus software but all visitors are advised to take all necessary steps to ensure that no virus contamination occurs. Subject to clause 5(a) above, no responsibility can be accepted by Paul Dalton for any loss or damage sustained as a consequence of any virus transmission (b) Subject to clause 5(a) above, Paul Dalton cannot accept any liability for any loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of this website, Paul Dalton’s products or as a result of downloading material from this site. 7. Website Linking (a) Any links to other websites and any references to other authors’ books/ products or services are provided for information only for smooth processing of your transaction. Nothing on this website shall be deemed to be an endorsement of any such website / trainer / course / seminar / workshop / book / or product by Paul Dalton. (b) Paul Dalton shall not in any event be liable for any content of any such other websites, nor can responsibility be accepted by Paul Dalton for any loss or damage sustained as a consequence of any virus transmission, loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of such third party websites. 8. Breach of these Conditions by You If you breach any of these terms and conditions you agree to hold blameless Paul Dalton his products and / or services. You agree to indemnify Paul Dalton for all fees, legal fees and costs which may arise out of your breach of these terms and conditions. 9. General (a) This agreement is subject to English law and jurisdiction. (b) These Terms and Conditions represent the complete agreement between you and Paul Dalton and regulate all of your use of any and all of Paul Dalton’s goods and services (including, but not limited to, website(s), training courses, counselling, therapy, coaching sessions, articles, podcasts, CDs, downloads and books) and these terms and conditions replace any previous agreements made between you and Paul Dalton. (c) Please note that the headings used in these Terms and Conditions relating to each clause / element / section are used purely for ease and they do not have any contractual or legal effect of any kind. (d) Paul Dalton reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. You may not assign your rights under these terms and conditions. (e) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. (f) No delay or failure by Paul Dalton to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Paul Dalton. (g) You agree that in so far as permitted by law, any claim or cause of action, which you may make which arises because of your use of Paul Dalton products or services will be made (in such a way that it is filed to the appropriate courts of jurisdiction as set out in these terms and conditions) within one year of any claim or cause of action arising. 1. Data Protection and Privacy (a) The personal data that you provide (“the Data”) to us is collected for the purpose of: (i) Processing your order and payment (ii) Delivering the goods that you have ordered from us to you (iii) Contacting you in reference to your order and in particular for the purpose of querying or confirming any of the details of your order or updating you as to the progress of your order. (iv) For improving the facilities and services that the website provides to you (v) To inform you of Paul Dalton’s current products, pod casts, courses, therapy, other services, articles and related information. (b) I do not disclose any Data to any third parties, other than: (i) PayPal in the event that you have chosen to pay by card (ii) any of Paul Dalton’s professional advisors where necessary; and/ or (iii) if required by law and / or for legal reasons. (c) I will not use the Data for any other purpose than that indicated in this statement. (d) If any of your details change or are incorrect or if you wish to enquire what Data I are holding of you, please notify us immediately by emailing on: [paul@life-happens.co.uk] or writing to: Paul Dalton, 136 Sylvan Road, Norwood, London, SE19 2RZ. If you wish us to amend or erase any part of the Data relating to you, I will do so, subject to compliance with any statutory requirements and subject to Paul Dalton’s requirement to maintain records of evidence for legal reasons. (e) In accordance with the Data Protection Act 1998 and other supporting regulations for the time being force, I have implemented security policies, rules and technical measures to protect the Data from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. 2. Use of cookies I do not use cookies. 3. Storage and processing of confidential financial information (which includes credit card and payment details) ("Confidential Financial Information") When payment
is made on-line, such payment is made directly to PayPal. I will not at
any time hold any of your Confidential Financial Information. For security
measures of PayPal, please refer to their website.
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