- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply WTF! Affirmations to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide WTF! Affirmations to you, how you and we can end the contract, what to do if there is a problem, and other important information.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Off The Record Trading Limited, a company registered in England and Wales. Our company registration number is 03846985 and our registered office is at 45 Clarendon Place, Hyde, Cheshire, SK14 2ND.
- Our relationship with Off The Record. We trade for the sole purpose of raising funds for and supporting the charitable aims of Off The Record, a charitable trust based in Greater Manchester, UK. Off The Record's registered charity number is 508061, and its address is 45 Clarendon Place, Hyde, Cheshire, SK14 2ND.
- How to contact us. You can contact us by using our contact us page or by writing to us at 45 Clarendon Place, Hyde, Cheshire, SK14 2ND.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the WTF! Affirmation you have ordered. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the WTF! Affirmation.
- We only sell to the UK. Our website is solely for the promotion of our WTF! Affirmations in the UK. We do not accept orders from outside the UK.
- INFORMATION ABOUT THE WTF! AFFIRMATIONS
- What WTF! Affirmations are. WTF! Affirmations are MP3 files containing sound recordings of positive affirmation statements. When used correctly, they can help you develop a more positive state of mind.
- How to use WTF! Affirmations. You should listen to WTF! Affirmations in a calm environment where you feel safe and secure. For the best outcomes, we recommend you listen to your affirmations on a daily basis, for about 8 weeks. You may want to listen to your affirmations for longer periods, which is OK. If you are currently being supported by health professionals, you should continue to work with them.
- How not to use WTF! Affirmations. The WTF! Affirmations for Sleep and Relaxation may make you drowsy. Do not listen to them if you are undertaking any activity where drowsiness would be a risk to yourself or others, including driving and operating machinery.
- Technical requirements. To download and use WTF! Affirmations, you will need: a computer or device which can handle and store MP3 files (usually this needs a modern web browser and an up-to-date media player which handles MP3 files) and a broadband internet connection.
- LICENCE TERMS
- Licence not sale. We license use of the WTF! Affirmation to you. We do not sell the WTF! Affirmation to you. We remain the owner of the WTF! Affirmation at all times.
- The licence we grant to you. When we supply a WTF! Affirmation to you, we grant you a non-exclusive, non-transferable license to download and use the WTF! Affirmation solely for your personal non-commercial use. You have no rights in, or to, the WTF! Affirmation other than the right to use it in accordance with the terms of this licence.
- Restrictions you need to note. You may not copy any WTF! Affirmation, except where such copying is incidental to normal personal non-commercial use, or where it is necessary for the purpose of back-up. You may not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any WTF! Affirmation, and you may not exploit it commercially in any way.
- PRICE AND PAYMENT
- The price for a WTF! Affirmation. The price will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the WTF! Affirmation advised to you is correct.
- When you must pay and how you must pay. You must pay for the WTF! Affirmations when you place your order. Your payment will be processed by PayPal. You can pay using your PayPal account, or a credit or debit card accepted by Pay Pal.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the WTF! Affirmations we sell may be incorrectly priced. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- SUPPLYING THE WTF! AFFIRMATIONS
- Delivery process and cost. We will make the WTF! Affirmation you have ordered available for download by you at the same time as we accept your order. Our order acceptance email will include the required MP3 download link. There is no charge for delivery.
- Availability for download. Once we have made the WTF! Affirmation available to you for download, it will generally continue to be available for download for 30 days after you receive the download links. After that, it may become unavailable. Accordingly, you should download the WTF! Affirmation promptly after you receive your emailed download link, and you need to complete the download within 30 days. We encourage you to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact us.
- What will happen if you do not give required information to us. We need a correct, valid and functioning email address from you so that we can supply the WTF! Affirmation to you. If you haven't done this, we may end the contract and refund you any sums you have paid.
- We are not responsible for delays outside our control. If our delivery of the WTF! Affirmation is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any WTF! Affirmations you have paid for but not received.
- Reasons we may suspend the supply of WTF! Affirmations to you. We may have to suspend the supply of a WTF! Affirmation to deal with technical problems or make minor technical changes; or update the WTF! Affirmation to reflect changes in relevant laws and regulatory requirements.
- YOUR RIGHTS TO END THE CONTRACT
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any WTF! Affirmations which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the WTF! Affirmation you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the WTF! Affirmations may be significantly delayed because of events outside our control;
(c) we have suspended supply of the WTF! Affirmations for technical reasons or so we can update them to reflect changes in relevant laws and regulatory requirements; or
(d) you have a legal right to end the contract because of something we have done wrong.
- Your right to change your mind. When you order and pay for a WTF! Affirmation, we will deliver a download link by email to you immediately. From when you receive the emailed download link, you can change your mind within 14 days, so long as you haven't started to download the WTF! Affirmation. You do not have a right to change your mind in respect of a WTF! Affirmation from when you start to download it. If you want to exercise your right to change your mind, you just need to let us know. We will make any refunds due to you as soon as possible using the same means of payment, and in any event within 14 days of your telling us of your decision to cancel. Advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
- YOUR RIGHTS IF THERE IS A PROBLEM WITH THE WTF! AFFIRMATION
- Summary of your legal rights. We are under a legal duty to supply WTF! Affirmations that are in conformity with this contract. See the next paragraph for a summary of your key legal rights under the Consumer Rights Act 2015 in relation to the WTF! Affirmation. Nothing in these terms will affect your legal rights.
- Your rights under the Consumer Rights Act 2015. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality, and gives you these rights:
(a) if your digital content is faulty, you're entitled to a repair or a replacement;
(b) if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back; and
(c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
- Loss of WTF! Affirmation. It Is your responsibility to complete the download of the WTF! Affirmation after you receive the emailed download link, and to keep your downloaded copy safe. We are not responsible for any loss of WTF! Affirmation you have downloaded, including any loss due to a file corruption or a device or hard drive crash. You will not receive a full or partial refund of any fees already paid in such situations.
- We are not liable for business losses. We only supply the WTF! Affirmations for your own personal use. If you use the WTF! Affirmations for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
(a) to supply the WTF! Affirmations to you;
(b) if you agreed to this during the order process, to email you our newsletter, but you may stop receiving this at any time by [contacting us or using the unsubscribe link in the email].
- PayPal. Our payment processing partner PayPal will use your payment details to process your payment for the WTF! Affirmations. Your payment details are submitted directly to PayPal and handled in accordance with PayPal's terms and conditions.
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of WTF! Affirmations in the English courts. If you live in Scotland you can bring legal proceedings in respect of WTF! Affirmations in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of WTF! Affirmations in either the Northern Irish or the English courts.