Terms and Conditions 26 February 2010
Important Note: Like all self help audio recordings, recordings on this site are not intended to be a substitute or replacement for any treatment, counselling or prescription from your health care practitioner. If you suspect you have any medical and/or psychological condition, or you are aware of having underlying trauma, you should first consult with your personal health care practitioner or mental health professional who will advise on their suitability for you. Programs are not a stand alone treatment alternative for those who have experienced abuse in any form. They may prove to be a useful adjunctive resource for recovery once any underlying issues have been resolved with a professional health care practitioner.
1. Disclaimer
All information on these pages are for educational purposes only. Your access to and use of this website is subject exclusively to these Terms and Conditions. By using Healthy Audio Limited website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the site. Users of this site and any and all Healthy Audio products take full responsibility for all outcomes.
Neither information nor products provided in this web site are in any way a substitute of any kind for personal evaluation with a qualified medical practitioner. ONLY a qualified medical physician can give you a definitive diagnosis of any presenting symptoms. Always consult your medical professional regarding your symptoms and any concerns you may have about commencing use of any product on this site.
Healthy Audio Limited, Michael Mahoney, and any associates, employees, agents or representatives:
(1) are not liable in any way with regard to the accuracy, completeness or current validity of any information, articles, research studies or products contained in this web site, or in any of the links provided.
(2) are not liable in any way for effects, or lack of effects, or any damages of any kind resulting from the use or misuse of the information and content given or the use or misuse of any products described in this site.
(3) will not be liable in any way for any damages of any kind with respect to any use of this web site, its content, or products.
2. Privacy Policy
All transactions are undertaken in accordance to English law. We respect your privacy, and this privacy statement is provided to apprise you of our information gathering and dissemination practices. We reserve the right to modify this information at any time. Collection and Use of Personal Information Personal information is defined as your name, street or e-mail address, phone number, credit card or any other information which, when used by itself or with other data, might identify you individually. This information is only collected from you when you provide it to us voluntarily, when placing an order from us online, via our secure ordering and information phone lines, or via postal mail. Personal information is only collected so that we can contact you, in order to complete the sale. We will not collect personal information from you without your knowledge. We may use the personal information that we collect to contact you in the future. We may send promotional emails notifying you of products, significant developments, or other information that we believe might be of interest. We will not share your personal information with any other parties or mailing lists.
Security
Healthy Audio Limited website ordering form and contact page has certain security practices in place to ensure the privacy of our users. Current forms of security are utilized to protect our databases. However, while we have safeguards in place to prevent interception or unauthorized access, there is no absolute guarantee of security. In the unlikely event of a breach despite our efforts, Healthy Audio Limited nor Michael Mahoney and any or all associates shall not be responsible for the breach. Healthy Audio Limited, Michael Mahoney and any and all associates will keep all of your personal information private, and will only be disclosed if we have reasonable cause.
3. Copyright
All of the content, design and underlying software of this web site as well as all titles are copyright protected in their entirety and copyrighted by Michael Mahoney. Terms of purchase stipulate that any portion of or all of any recordings, scripts and any / or all other service or product mentioned herein will not be copied, sold, lent, or transmitted in any way by any method without the express written permission of the owner, Michael Mahoney. All rights of the owner of the recorded work reserved. Unauthorized duplication is a violation of applicable laws. By placing an order you confirm that you are of legal age relevant to your laws of residence. Permission is granted to print in hard copy, or to save electronically as files, portions of the content of this Web site for the purposes of
(1) placing an order with Healthy Audio Limited and
(2) for private, individual and non-commercial use.
Any other reproduction or modification of the content, design or underlying software of this site, or its redistribution by electronic or hard-copy means, is strictly prohibited.
ALL RIGHTS RESERVED.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the nonexclusive jurisdiction of the English Courts. These terms and conditions together with any document expressly referred to in them contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. You confirm that, in agreeing to these terms and conditions, you have not relied on any oral or written representation and you shall have no remedy in respect of any representation (other than a fraudulent misrepresentation) which has not become a term of this agreement.
Read through these terms and conditions carefully every time you use the website, in particular, your attention is drawn to SECTIONS 8 and 9 (Limitation of Liability & Virus Disclaimer)
Your attention is also drawn to our Privacy Policy section regarding your personal information.
4. General
(a) by using this website and any or all products and / or our services you agree to the terms and conditions set out here in these Terms and Conditions.
(b) We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (latest date and version number can be located at the top of these terms and conditions) 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.
(d) For overseas orders the customer is responsible for any and all duties and/or taxes
5. Company information
(a) By using this website you are entering into a contract with Healthy Audio Limited.
(b) If you are in any doubt about our company or trading terms, please contact us at (info@healthyaudio.com) to request confirmation or Telephone number +44 (01) 1925 629899
(c) Healthy Audio Limited's directors are Michael Mahoney Managing Director and Karen Mahoney is Company Secretary.
(d) Customer services: Please ring +44 (0) 1925-629899
Hours of business are 9.30am – 4.00pm Monday to Friday. Please note times are UK GMT. Voice mail is provided for leaving messages after office hours. We are closed on all UK bank holidays.
To ensure good practice we have regular training days for staff.
During training days or during times of high call input, an answer service may be used.
We are committed to return all calls and acknowledge all emails within 24 hours. However we endeavour to do this within 4 working hours.
6. Product ordering
(a) Contract formation
(1) your order to purchase a product from Healthy Audio Limited is deemed to be an offer to purchase. Healthy Audio Limited may accept or decline your offer. We will inform you if your offer to purchase has been declined. Reasons for declining orders include (but not limited to) ineffective postal services in customer country, civil unrest in that country or where ordering address / details look suspicious.
(2) additionally we reserve the right to decline orders where a dispute has occured with a customer in the past if this is likely to affect future effective support of our products or services. If we decide not to trade with a customer, being an individual or company, we will advise them by email. We reserve the right to accept or decline any offer of purchase. Customers who are notified by email, who subsequently purchase additonal product or service directly or through a third party will have their orders stopped, and a 10% restocking and administration fee will be charged. Those who purchase through a third party, having been advised by email, that we reserve the right not to trade with them, will receive no product support or replacement product in the event of product defect.
(3) following the completion of your order process, we 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.
(4) 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 we have notified you that we do not accept your order or you have cancelled it (please see clause 6(c) (4) below)
(b) Payment
(1) We take payment from your card when we receive your order. Goods are subject to availability. We endeavour to keep adequate stock to fulfil normal trading fluctuations based on trading trends. However, in the event that we are unable to supply the goods for any reason, we will inform you of this as soon as possible. Our standard practice is to remove non-stock items when stock is not available.
In such circumstances a full refund will be given where you have already paid for the goods. Please note orders received from outside the UK may be subject to currency fluctuations. These may result in a refund resulting in an under or over charge back. Healthy Audio Limited has no influence on currency fluctuations whatsoever. Healthy Audio Limited will refund in full, the advertised amount of the goods or the amount received in the case of a promotional sale.
(2) The price you pay is the price displayed on this website at the time we receive your order apart from the following exception - whilst every effort is made to ensure that all prices on our website are accurate, errors may occur. We will inform you as soon as possible, if we 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 we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund (see (b) (1) above
(3) Payment can be made by any method specified, either by card or by cheque. For information about the security of this website, please see the Privacy Policy below.
(4) Title to any products you order through this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
(5) All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
(6) Your right to cancel. See (C) 5 below.
(c) Delivery / Returns
(1) We will only dispatch goods on confirmation that your payment has cleared.
(2) When an order is accepted Healthy Audio Limited will dispatch product(s) within one (2) working days of receipt of payment. If for any unlikely and currently unforeseen reason this is not possible we will inform you promptly and offer you the choice of an alternative product or a refund.
(3) All goods must be signed for by an adult aged 18 years or over on delivery where applicable and if required.
(4) Risk of loss and damage of the Goods passes to you on the date when the Goods are delivered or on the date of first attempted delivery by us.
(5) Under the UK Distance Selling Regulations, you have a right to cancel your order for item(s) purchased on this website for a full refund. You have the right to cancel the contract for the purchase of CD Version items within a period of 7 working days, beginning with the day after the day on which the item is delivered.
This applies only to hard copy CD format orders. However, we regret that we cannot accept cancellations of contracts for the purchase of audio programmes where the item has been unsealed. Please note that we are unable to accept cancellation of, or returns for, digital items (MP3 or PDF Downloads) once downloading has commenced.
Otherwise, we can accept returns of complete product, which are unopened and unused and in an "as new" condition.
Please see our returns procedure page. To cancel, you can email us or write to us (see Contact Us for details) within seven working days of delivery of your item(s), quoting your order number. If we have already taken payment from you, we will refund the full price of the goods to you. If the goods you had ordered have already been delivered to you, you must return the goods to us at your own cost or alternatively inform us when we can collect the goods from you, in which case we will charge the cost of such recovery to you. Whilst you are in possession of the goods, you must take reasonable care of the item(s) and must not use them.
International Orders
(1) International orders (outside the UK) may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance & taxes are not included as part of the shipping; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. Please contact your local customs office for further information.
Free downloads
(1) Free downloads are occassionally made available from this site. These are free from us, of all costs. Other costs maybe applied to these downloads in the form of bandwidth from your service provider. We are not resoponsible for any or all costs charged to you by other charging bodies.
(2) Free downloads from this site are downloaded by your agreement by clicking your acceptance of our trading terms and conditions. We take no responsibility for downloads to your computer equipement by any third party. Nor do we take any responsibility for the use or misuse of the downloads. Section 1 (1),(2),(3) applies to all downloads including free downloads from this site.
Returns procedure
In the event you want to return your goods to us within the UK Distance Selling Rules. You must contanct us withing 7 days of delivery, or first attempted delivery to your nominated address.
(1) Contact sales@healthyaudio.com for a Returns Authorisation Number
7. Courses / Workshops
(a)
(1) Enrolment on Courses / Workshops and Order confirmation
(2) Completing an application form to enroll upon a course / seminar / workshop with Healthy Audio Limited is deemed to be an offer to purchase. Healthy Audio Limited may accept or decline your offer. We will inform you if your offer to purchase has been declined.
(3) You confirm that you do not have a criminal record.
(4) You confirm that you have not been diagnosed with nor do you have a reason to suspect that you may have depression/ clinical depression and / or other psychological illness.
(5) Following the completion of your order process, we 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.
(6) Acceptance of your order and the completion of the formation of a contract between you and Healthy Audio Limited will take place on dispatch to you of the order confirmation, unless Healthy Audio Limited have notified you that we do not accept your order or you have cancelled your order prior to such confirmation.
(b) Course / Workshop Cancellation
(1) If due to unforeseen circumstances any delegate needs to cancel an enrolment / workshop placement, up to one month before the course / seminar / workshop commences a refund of 50% of the paid course / seminar / workshop fee will be made by Healthy Audio Limited (less a deposit which amounts to £60.00, 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.
(2) If for any reason or due to unforeseen circumstances the programme you enrol upon has to be cancelled, Healthy Audio Limited will refund your payment in full. Healthy Audio Limited and/or its directors will not be liable for any other expenses.
(c) Conduct of courses / Workshops
(1) Healthy Audio Limited reserves the right to substitute the advertised trainers and include additional trainers and special guest trainers at any time.
(2) Healthy Audio Limited reserves its 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.
(3) Healthy Audio Limited reserves the right to deny, at their 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.
(4) If the need to deny access arises you agree that full payment will be retained by Healthy Audio Limited.
(5) Qualification (where applicable) is awarded upon successful completion of the course / seminar / workshop. Courses and workshop attendees will receive a CPD certificate of attendance.
8. 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 8(a) above:
(c) Healthy Audio Limited 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 expressed or implied) are hereby excluded to the fullest extent permitted under applicable law and subject to section 5(a) above.
(d) Please note that information on these pages and on our products is not a substitute for qualified medical advice and does not replace the advice of your doctor. Healthy Audio Limited 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 Healthy Audio Limited. Healthy Audio Limited cannot be liable for the suitability of our products and / or the information provided as part of our services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of our 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 our products and/ or services. Users of our products take full responsibility for any and all outcomes.
(e) Some of our products and programmes utilise hypnosis / altered states of consciousness. Every product is prepared by one or more trained qualified and practicing hypnotherapist. However, because altered states of awareness are involved we must obviously state that you should not use our products when driving, using machinery or doing anything which requires your attention. For reasons of good practice we must also state that our products and programmes are not a substitute for qualified medical treatment. Therefore, if you think you have or may have a medical condition of any kind then you should seek the appropriate support and only use our products with the informed consent and guidance of your doctor (this is common good practice amongst all professional hypnotherapists in which referral to a doctor often takes place in such circumstances).
(f) Healthy Audio Limited 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:
(f).1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
(f).2 loss of goodwill or reputation; or
(f).3 special or indirect losses
(f).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.
(g) Notwithstanding the above, Healthy Audio Limited’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.
(h) This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
9. Virus disclaimer
(1) 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 8(c) above, no responsibility can be accepted by Healthy Audio Limited for any loss or damage sustained as a consequence of any virus transmission
(2) Subject to clause 8(c) above, Healthy Audio Limited 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, our products or as a result of downloading material from this site.
10. Website Linking
(1) Any links to other websites and any references to other authors’ work/ 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 Healthy Audio Limited.
(2) Healthy Audio Limited shall not in any event be liable for any content of any such other websites, nor can responsibility be accepted by Healthy Audio Limited 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.
11. Breach of these Conditions by You
If you breach any of these terms and conditions you agree to hold blameless Healthy Audio Limited, its directors, those who deliver training for and on behalf of Healthy Audio Limited, its subsidiary businesses, products and / or services. You agree to indemnify Healthy Audio Limited, its directors, those who deliver training for and on behalf of Healthy Audio Limited, its subsidiary businesses, products and / or services for all fees, legal fees and costs which may arise out of your breach of these terms and conditions.
12. General
(1) This agreement is subject to English law and jurisdiction.
(2) These Terms and Conditions represent the complete agreement between you and Healthy Audio Limited and regulate all of your use of any and all of Healthy Audio Limited’s goods and services (including, but not limited to, website(s), training courses, counselling, therapy, scripts, articles, pod-casts, CDs, downloads and books) and these terms and conditions replace any previous agreements made between you and Healthy Audio Limited. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. Healthy Audio Limited’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Healthy Audio Limited will not be responsible for failures to fulfil any obligations due to causes beyond its control.
(3) 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.
(4) Healthy Audio Limited 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.
(5) 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.
(6) No delay or failure by Healthy Audio Limited 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 Healthy Audio Limited.
(7) 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 Healthy Audio Limited’s 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.
(8) International Use. Accessing the Healthy Audio Limited site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
(9) No product confers any rights of resale; recording of any of our scripts for commercial purposes is strictly forbidden though you may record them for the use of individual clients. The background music for sale on this site may be used and recorded as background music for in-therapy recordings. It may not be sold 'as is' as background music commercially.
(10) We reserve the right to remove or add any product to this site as and when deemed necessary to do so.
(11) The directors of Healthy Audio Limited reserve the right to make such changes to these Terms and Conditions as may be deemed necessary from time to time.
Healthy Audio Limited Registered Office: 113 Orford Lane, Warrington Cheshire WA2 7AR England. Registered in England and Wales. Company number: 5952250. Company Directors Michael Mahoney, Karen Mahoney
