LEGALS

 

PRIVACY AND CONFIDENTIALLY IN COUNSELLING

All discussions in counselling are confidential, although there are some legal exceptions that will be explained at your first meeting.

We follow the British Association for Counselling and Psychotherapy’s published code of professional ethics.

All client records are protected by the Data Protection Act and no client information is shared with any third party. Exceptions to this policy may occur only where necessary to protect the safety of clients or others.

We will not contact clients on any telephone number or at any address if explicitly asked not to. The details of all of our private therapy  clients are strictly confidential.

No information is gathered through the use of this website that can identify visitors to the site unless a visitor chooses to registered as a member, in which case, by choosing to do sign up, you agree the terms and conditions are stated below at Section 4 of the Terms & Conditions. Anonymous visitor statistics are collected to measure the level of site traffic and the usefulness of the counselling and psychotherapy information contained here.

RIGHT TO SUSPEND OR CANCEL A USERS ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

LIMITATION OF LIABILITY

You agree to indemnify and hold A POSITIVE START CIC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall A POSITIVE START CIC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

COUNSELLING ETHICAL FRAMEWORK

We provide an ethical, confidential & professional counselling service based on The Blackford Pillars; the fundamentals for operating a professional counselling practice as set out by The Blackford Centre for Counselling. We operate within the Ethical Framework for the counselling professions as set out by BACP; The British Association for Counselling and Psychotherapy  

Copyright & Usage

Deborah J Crozier & A Positive Start CIC retains complete ownership of the intellectual property rights of ALL of our Workshops, Documents, Worksheets & Training Materials, (including but not limited to) STAND, the STAND logo and all supporting STAND Training Materials, SENSES, the SENSES logo and all supporting Training Materials.

At no time are you permitted to remove any copyright or proprietary notices on the pages of any of the documents provided without prior permission. Handouts, Worksheets & supporting documents/forms include a 'Permission to Copy. statement in the footer.

If you require any further information regarding Copyright & Usage please address your inquiry, in writing to our legal representative;

Geo. & Jas Oliver W.S Solicitors,

C/O A Positive Start CIC,   Unit 5, Liddesdale Road, Hawick, TD9 0BN, Scottish Borders, United Kingdom.

TERMS & CONDITIONS

These terms and conditions are the contract between you and A Positive Start CIC (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

I / We A Positive Start CIC a company registered in Scotland SC581017. Our address is Unit 5 Liddesdale Road, Hawick, TD90BN

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

1.Definitions

“Consumer”

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

 “A Positive Start CIC Membership”

 

means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Services”

means all of the services available from Our Website, whether free or charged.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

2.Our contract

  1. These terms and conditions regulate the business relationship between you and us. By signing up for A Positive Start CIC Membership or using Our Website free of charge, you agree to be bound by them.

  2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve. We do offer Telephone Consultation to International numbers. Our Free Services are intended for the UK.

  3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

  4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.

  5. Our contract with you and licence to you last for 6 months from the date of start date. Any continuation by us or by you after the expiry of 6 months is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.

  6. The contract between us comes into existence only when we accept your application for membership, confirming that we agree to provide to you with a Service. Payment does not create a contract. If we decline to provide a Counselling service, we shall immediately return any money paid to your credit card.

  7. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

  8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

3.Your account and personal information

  1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

  2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

  3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.A Positive Start CIC Membership

  1. Our basic Service is free of charge. You may use it subject to your compliance with the terms of this agreement.

  2. Details of the cost and benefits of Membership Services are as set out on Our Website. You may subscribe to A Positive Start CIC – Pay What You Can Counselling Membership Services at any time.

  3. If you subscribe to A Positive Start CIC Membership as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.

  4. You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you A Positive Start CIC Paid Membership immediately and you lose your right to cancel your order.

  5. By accepting these terms, you now agree that you are instructing us to give you A Positive Start CIC Membership immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.

  6. If you give up your right to cancel, that will apply to any renewal of you’re A Positive Start CIC Membership at any time from now.

  7. Apart from your cancellation right, termination of A Positive Start CIC Membership will be regulated by this contract set out in paragraph 14 below.

  8. You may not transfer you’re A Positive Start CIC Membership to any other person.

  9. We reserve the right to modify the A Positive Start CIC Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the  A Positive Start CIC Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.

5.Prices

  1. The price payable for Services that you order is clearly set out on Our Website.

  2. The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country. Free services are intended for UK residents only.

  3. Prices are inclusive of any applicable value added tax or other sales tax.

  4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

  5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

  6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

  7. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.

6.Renewal payments

  1. At least four weeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that you’re A Positive Start CIC Membership and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.

  2. At any time before expiry of you’re A Positive Start CIC Membership, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for Services or cancel renewal.

  3. At expiry of your A Positive Start CIC Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your A Positive Start CIC Membership for a further period by sending you an email message.

  4. Subject to last previous sub-paragraph, you may cancel A Positive Start CIC Membership within 14 days after the day we confirm the renewal of your A Positive Start CIC Membership. If you do so we will refund your Membership cost within [14 days] of receipt of this request.

  5. Other than the limitation set out above A Positive Start CIC Membership is non-refundable and non-transferable.

7.Security of your credit card

We take care to make Our Website safe for you to use.

  1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

  2. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

8.Restrictions on what you may Post to Our Website

  1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.

  2. You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:

    1. be malicious or defamatory;

    2. consist in commercial audio, video or music files;

    3. be obscene, offensive, threatening or violent;

    4. be sexually explicit or pornographic;

    5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

    6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

    7. solicit passwords or personal information from anyone;

    8. be used to sell any goods or services or for any other commercial use;

    9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

    10. link to any of the material specified above, in this paragraph.

    11. Post excessive or repeated off-topic messages to any forum or group;

    12. sending age-inappropriate communications or Content to anyone under the age of 18.

9.Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  1. hyperlinks, other than those specifically authorized by us;

  2. keywords or words repeated, which are irrelevant to the Content Posted.

  3. the name, logo or trademark of any organisation other than that of you or your client.

  4. inaccurate, false, or misleading information.

10.How we handle your Content

  1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link at privacy policy].

  2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.

  3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

  4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

  5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

  6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

  7. Please notify us of any security breach or unauthorised use of your account.

11.Removal of offensive Content

  1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

  2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

  3. If you are offended by any Content, the following procedure applies:

    1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;

    2. we shall remove the offending Content as soon as we are reasonably able;

    3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

    4. we may re-instate the Content about which you have complained or not.

  4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

  5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12.Security of Our Website

  1. If you violate Our Website, we shall take legal action against you.

  2. You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

    2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

    3. download any part of Our Website, without our express written consent;

    4. collect or use any product listings, descriptions, or prices;

    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

    7. share with a third party any login credentials to Our Website.

  3. Despite the above terms, we now grant a licence to you to:

    1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

    2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

13.Disclaimers and limitation of liability

 

  1. The law differs from one country to another. This paragraph applies to sales throughout the EU.

  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

  3. We make no representation or warranty that the Services will be:

    1. useful to you;

    2. of satisfactory quality;

    3. fit for a particular purpose;

    4. available or accessible, without interruption, or without error;

  4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

  5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.

  6. We shall not be liable to you for any loss or expense which is:

    1. indirect or consequential loss; or

    2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

  7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

  8. If you become aware of any breach of any term of this agreement by any person, please tell us via the contact us page on our website. We welcome your input.

  9. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  10. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

  11. We make no representation or warranty that the Services will be:

    1. useful to you;

    2. of satisfactory quality;

    3. fit for a particular purpose;

    4. available or accessible, without interruption, or without error.

  12. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

  13. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

  14. We make no representation or warranty and accept no responsibility in law for:

    1. accuracy of any Content or the impression or effect it gives;

    2. delivery of Content, material or any message;

    3. privacy of any transmission;

    4. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

    5. any aspect or characteristic of any goods or services advertised on Our Website;

  15. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

  16. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

  17. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.

  18. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.

  19. If you become aware of any breach of any term of this agreement by any person, please tell us by writing to us at A Positive Start CIC, at the address given on our website. We welcome your input but do not guarantee to agree with your judgement.

  20. Nothing in this agreement excludes liability for a party's fraud.

14.Duration and termination

  1. This agreement shall operate for the period for which you have subscribed to A Positive Start CIC Membership Service.

  2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of

  3. Termination by either party shall have the following effects:

    1. your right to use the Services immediately ceases;

    2. we are under no obligation to forward any unread or unsent messages to you or any third party.

  4. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.

  5. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.

  6. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

15.Storage of data

  1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.

  2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

  3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

16.Interruption to Services

  1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

  2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.

  3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

17.Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

  1. any act, neglect or default of yours in connection with this agreement or your use of the Services;

  2. your breach of this agreement;

  3. your failure to comply with any law;

  4. a contractual claim arising from your use of the Services.

18.Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  1. If you are not happy with our services or have any complaint then you must tell us by email message info@apositivestart.co.uk

  2. Detailed information about our complaint handling procedure is on the Legal’s page on our website

  3. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.

  4. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

19.Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  3. If you are in breach of any term of this agreement, we may:

    1. terminate your account and refuse access to Our Website;

    2. remove or edit Content, or cancel any order at our discretion;

    3. issue a claim in any court.

  4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

  1. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.

  2. The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.

 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall A Positive Start CIC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 INDEMNIFICATION

You agree to indemnify, defend and hold harmless A Positive Start CIC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of unit 5 liddesdale road, hawick, Hawick, SCB, td9 0bn, United Kingdom.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@apositivestart.co.uk

PRIVACY POLICY/COOKIES POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.apositivestart.co.uk (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We value & respect your right to privacy, never share your Personal Information with third parties.   We  use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we will only share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@apositivestart.co.uk or by mail using the details provided below:

A Positive Start CIC, Unit 5, Liddesdale Road Hawick, SCB, TD9 0BN, United Kingdom.

 

 

 

WEBSITE VISITOR AND COOKIE NOTICE

1               COOKIES INFORMATION

A Positive Start CIC (APS CIC)(‘we’, ‘our’, ‘us’) are committed to protecting and respecting your privacy. This website is operated by A POSITIVE START CIC, UNIT 5 LIDDESDALE ROAD, HAWICK, TD9 0BN This section is our Cookies Notice; it tells you why we use cookies, the cookies we use and how you can manage the cookies stored on your devices. This Cookie Notice applies to the APS CIC website https://www.apositivestart.co.uk/  APS CIC Cookies supplements the EU Privacy Notice, which may be accessed here

Any questions or concerns relating to the use of cookies by our websites and the processing of personal data obtained through their use may be directed to: info@apositivestart.co.uk

2               what are cookies?

A cookie is a small removable data file, typically of letters and numbers, downloaded on to a computer, smartphone or other device when the user accesses certain websites.

3               Why do we use cookies?

Cookies are used for a variety of reasons from making a website function more efficiently, to recognising a user’s device and tailoring that user’s experience to fit prior preferences. Cookies can also provide the owners of a site valuable information about how that site is being used. At theoriginalfactoryshop.co.uk we use cookies to allow us to distinguish you from other users of our website, which helps us to provide you with a personalised experience when browsing our website and allows us to improve our site, as well as to keep track of what you have in your basket, and to analyse visitor information. This information helps us to improve the website and your shopping experience.

4               WHAT cookies do we use?

The types of cookies we use are session cookies and persistent cookies.

Session cookies are temporary files which last only as long as you’re browsing session and are erased once you close your browser. They make it easier for you to navigate our sites. Persistent cookies are files that stay on your unit’s hard drive after you close your browser. They can be used when you return to our site to help identify you or allow you to log in, or on other third-party sites to communicate to you via online-marketing channels.

Please review the table below for more detailed information on the specific cookies we use. 

You can learn more about cookies here :  https://www.aboutcookies.org/

4.1           Google Analytics

Our website uses Google Analytics to monitor how visitors move around the website and how they reached it. This is done so that we can see statistics on the types of content users’ access. The Google Analytics cookies also tell us if you have visited the site before and allow us to track how many individual users the websites have. The Google cookies cannot be used to identify individuals – they are only used for statistical purposes only. You can opt out of Google cookies here https://tools.google.com/dlpage/gaoptout

4.2           Links to other sites

The  website may contain links to other sites that are not owned or controlled by APS CIC Please be aware that APS CIC is not responsible for the privacy or security practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information.

5               Blocking COOKIES

You have the option of whether to accept or deny certain cookies. However, choosing to block cookies may disable certain features of this site or prohibit the use of this site altogether. By deleting or blocking cookies that are strictly necessary for the performance of our website, it may not function correctly and you may not be able to access certain areas of the website.  To deny or limit the use of cookies on your device you may set your web browser to deny the setting of any cookies, set your web browser to notify you when a cookie is set or you can delete set cookies later.

The process for blocking or removing cookies will vary from one web browser to the next.

For instructions on how to eliminate or restrict cookies through your browser settings please visit all about cookies.

6               Other information

Where we work with third-party vendors to apply cookies on our behalf and they have access to personal data collected via cookies or other apps, they are subject to appropriate contractual safeguards in line with the requirements of the GDPR.  Any personal data that we collect from the application of cookies are stored on servers that are hosted in the UK.  We retain personal data collected by means of cookies needed for personalised services where you have consented to the use of cookies for those purposes, and otherwise only for as long as necessary to aggregate personal data that we use for website performance and audience measurement.

For more information on how we protect your information please view our full Privacy Notice

Please review the table below for more detailed information on the specific cookies we use.

Cookie name

DESCRIPTION

STRICTLY NECESSARY

These cookies are necessary for the website to function and cannot be switched off without impairing the functioning of our website. They are set to respond to actions taken by you to make a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work

cfduid               

Used by the content network, to identify trusted web traffic.

Frontend

Session ID for the Shop front end. This ID ensures that a user can be uniquely identified as a guest or logged-in user. Functions such as “Items last viewed” or retention of the logged-in state are connected with this cookie.

Frontend cid

Session ID cookie for SSL encrypted pages (HTTPS). This cookie exists in addition to the standard frontend cookie and is used in the Shops with SSL encryption. Functions such as “Items last viewed” or retention of the logged-in state are connected with this cookie.

AWSELB

Used to distribute traffic to the website on several servers in order to optimise response times.

FUNCTIONALITY / PREFERENCES

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

UID

Unique user ID that recognizes the user on returning visits.

atuvc

This cookie is associated with the  social sharing widget which is commonly embedded in websites to enable visitors to share content with a range of networking and sharing platforms. It stores an updated page share count.

atuvs

Ensures that the updated counter is displayed to the user if a page is shared with the social sharing service,

ANALYTICS / PERFORMANCE

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our website. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated by third-party providers or immediately by us. If you block these cookies, we will not know when you have visited our website, and will not be able to remember your preferences when you make subsequent visits.

loc

This cookie is used for Geolocation, used to help publishers know approximately where people sharing information are located.

uid

This cookie is used  as a unique user ID that recognises the user on returning visits.

uvc

Detects how often the social sharing service, encounters the same user.

__hssc

This cookie is for keeping track of sessions. This is used to determine if it should increment the session number and timestamps.

__hstc

The main cookie used for tracking visitors information.

_qca,ga, gid

Collects anonymous data on the user's visits to the website, such as the number of visits, average time spent on the website and what pages have been loaded with the purpose of generating reports for optimising the website content.

_gat

Used by Google Analytics to throttle request rate.

_gat_UA-36515426-1

This is a pattern type cookie set by Google Analytics, where the pattern element in the name contains the unique identity number of the account or website to which it refers.

_hjIncludedInSample

This cookie is associated with web analytics functionality and services. It uniquely identifies a visitor during a single browser session and indicates they are included in an audience sample.

mus

Unclassified

ouid

Unclassified

MARKETING/TARGETING

These cookies may be set through our website by partners. They may be used to build a profile of your interests and show you relevant adverts on other sites. They do not directly store your personal details but do uniquely identify your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

TDCPM, TDID, rtbData0, dspuuid, anj, uuid2,

Registers a unique ID that identifies a returning user's device. The ID is used for targeted ads.

sess

Used to check if the user's browser supports cookies.

c

Regulates synchronisation of user identification and exchange of user data between various ad services.

tuuid

Registers whether or not the user has consented to the use of cookies.

CMDD

Collects anonymous data related to the user's visits to the website, such as the number of visits, average time spent on the website and what pages have been loaded, with the purpose of displaying targeted ads.

CMID, CMPS, CMRUM3,CMSC, CMST, EID, UID,

Collects anonymous data related to the user's visits to the website, such as the number of visits, average time spent on the website and what pages have been loaded, with the purpose of displaying targeted ads.

IDE

Used by Google DoubleClick to register and report the website user's actions after viewing or clicking one of the advertiser's ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.

test_cookie

Used to check if the user's browser supports cookies.

U

Collects unidentifiable data that is sent to an unidentifiable source. The source's identity is kept secret by the company, Whois Privacy Protection Service, Inc.

collect

Used to send data to Google Analytics about the visitor's device and behaviour. Tracks the visitor across devices and marketing channels.

iutk

Recognises the user's device and what documents have been read.

_kuid_

Registers a unique ID that identifies a returning user's device. The ID is used for targeted ads.

_ljtrtb_#, lijt_reader

Collects data related to reader interests, context, demographics and other information with the purpose of finding interested users on websites with related content.

I,

Registers anonymised user data, such as IP address, geographical location, visited websites, and what ads the user has clicked, with the purpose of optimising ad display based on the user's movement on websites that use the same ad network.

KRTBCOOKIE_#, PUBMDCID

Registers a unique ID that identifies the user's device during return visits across websites that use the same ad network. The ID is used to allow targeted ads.

mc

Collects data on the user's visits to the website, such as what pages have been loaded. The registered data is used for targeted ads.

ck1, drtn#, rlas3,

Collects anonymous data related to the user's visits to the website, such as the number of visits, average time spent on the website and what pages have been loaded, with the purpose of displaying targeted ads.

Khaos, put_#, rpb,

Registers anonymised user data, such as IP address, geographical location, visited websites, and what ads the user has clicked, with the purpose of optimising ad display based on the user's movement on websites that use the same ad network.

TapAd_DID, TapAd_TS

Used to determine what type of devices (smartphones, tablets, computers, TVs etc.) are used by a user.

DELIVERY & COLLECTION

We offer Free Local Collection from our 'A Positive Start  premises in Liddesdale Road - which is available on Request.

COMPLETE TRAINING PACKS

UK & International Delivery by Royal Mail, First Class Special Delivery Service. 

For UK delivery only, Please allow up to 5 working days.

1 kg- £9.95 

For International Delivery please ask for a shipping quote. 

To ship multiple items please contact via chat or contact form and request a quote. or please get in touch via  the contact us page. 

We currently ship to 12 Countries 

RETURNS POLICY

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

 

To complete your return, we require a receipt or proof of purchase.

Due to the nature of our products, and Intellectual Property Restrictions, There are certain situations where only partial refunds are granted: (if applicable)
* ALL Training Materials, Presentations, & supporting documents, Booklets, CD, DVD, Software, that has been opened.
* Any Package not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 14 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@apositivestart.co.uk.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info@apositivestart.co.uk and send your item to: Unit 5 Liddesdale Road, Hawick, Scottish Borders, TD9 0BN, Scotland, United Kingdom.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: Unit 5 Liddesdale Road, Hawick, Scottish Borders, TD9 0BN, United Kingdom.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over £75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 A Positive Start CIC

  • @APositiveStart

During Office Hours:  01450 376682  

 

 


 

 A Positive Start CIC, Unit 5, Liddesdale Road. Hawick , TD9 0BN,

Roxburghshire, The Scottish Borders, Scotland, UK
Company No. SC581017 | UKRLP : 10068484. 

Accredited Counsellors, Coaches, Psychotherapists & Hypnotherapists 

Member of the EFT & Mindfulness Centre
Association of Child Protection Professionals Membership No 08657

 

Out of Hours Contact

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