Terms and Conditions – mylifecoachapp

Terms and Conditions and Privacy Policy

Online payments terms and conditions

IMPORTANT: By submitting a payment through the visualsolve.com online-payments site you are agreeing to these terms and conditions. If you do not accept these terms, please do not proceed with the submission of your payment.

This online payment system is provided by visualsolve.com and its third party suppliers. Visualsolve.com may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.

We endeavour at all times to conform to the following UK legislation:

1. About us

Our contact details are:
Visualsolve Ltd
23 Oaktree Road
Trentham
Stoke on Trent
ST4 8HF
UK

Phone: +44 (0)7973 715827

Email: john@visualsolve.com

2. Queries

If you have any queries relating to your use of this online payment system, please contact us (see details above).

3. Use

3.1 In accessing this payment site, you agree that the payment site is made available for your personal, non-commercial use only. Unless you have visualsolve.com’s prior written permission, you are not permitted to copy, make available to the public, download, store (in any medium), show in public, adapt or change in any way the material (or any part of it) contained on this payment site for any purpose whatsoever.

3.2 Without limitation to any matter set out in these terms and conditions of use or the e-Payment Privacy Policy, you must not use this payment site to:

commit or encourage unlawful acts or in breach of these terms of use;
misrepresent your identity;
hack, or attempt to hack, any part of the payment site or any system used to run it;
store personal data derived from the payment site;
technically harm the payment site and/or its systems (including, without limitation, computer viruses or malicious software or harmful data);
provide any information that is inaccurate or is in breach of any laws or regulations.

4. Disclaimer

4.1 While visualsolve.com tries to ensure that the information and content on this payment site is accurate at the time it was published on the site, it does not warrant that this is the case. To the fullest extent permitted by law, the material on this website and its online payment facility is provided “as is”, and without warranties, conditions or other terms of any kind.

4.2 While visualsolve.com will make reasonable endeavours to ensure that the online-payments system is available and usable at all times, it does not guarantee continuous, uninterrupted or secure access to the system. While every reasonable effort has been made to ensure accessibility, visualsolve.com does not guarantee that use of the online-payments system will be compatible with all hardware and software of its users. Visualsolve.com reserves the right to suspend or withdraw access, without notice, to either the whole or part of the payment site, for any reason.

4.3 Nothing on this payment site constitutes any part of a contract unless otherwise expressly stated.

4.4 Any links within this payment site to third party websites are not checked by visualsolve.com and visualsolve.com bears no responsibility for the content of external sites. If you access external sites through this payment site, you do so at your own risk.

5. Liability

5.1 To the fullest extent permitted by law, visualsolve.com excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with the use of this payment site in any way. Nothing will limit visualsolve.com’s liability for death or personal injury caused by its negligence or for fraud.

5.2 Every effort is made to ensure downloadable content is free from viruses. Visualsolve.com accepts no liability for damages resulting from virus infection.

6. Copyright, trademarks and other intellectual property

The trademarks and logos used and displayed on this website are registered and unregistered trademarks of visualsolve.com, or those of others. You may not use these trademarks without our prior written consent, or that of the relevant owner

7. Data protection

Please see visualsolve.com’s privacy policy (see below) which governs visualsolve.com’s use of your personal information.

8. Governing law and jurisdiction

These terms of use are governed by English law. Disputes arising in connection with them shall be subject to the non-exclusive jurisdiction of the English courts.

9. Miscellaneous

9.1 These terms of use are not intended to, nor shall they confer any benefit on a third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.2 No waiver by visualsolve.com of any breach of these terms by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.

9.3 Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, these terms.

9.4 If, at any time, any provision of these terms is or becomes invalid or illegal in any respect, such provision shall be deemed to be severed from the terms, but the validity and enforceability of the remaining provisions shall not be affected as a result.

May 2013 Visualsolve Ltd.

Online payments privacy policy

In order to operate the visualsolve.com online-payments system, we may collect and store personal information you submit to it via this online-payments website or give to visualsolve.com in any other way. Please read the following privacy policy to understand how visualsolve.com uses and protects the information that you provide.

This online-payment system is provided and hosted by visualsolve.com and its third party suppliers. By submitting your personal information, you are consenting to visualsolve.com holding and using it in accordance with this policy. The policy is subject to change and any changes to it in the future will be notified on this page. By continuing to use this payment site you are agreeing to such changes. We recommend that you check the privacy policy each time you visit this site.

1. Information that we collect from you and your use of this site

When you visit the payment pages of visualsolve.com you may be asked to provide certain information about yourself including your name and contact details before you are able to proceed with using the online-payment system.

1.1 Information you give us

We receive and save any information you enter on our website or give us in any other way. You provide most such information when you make a payment, or communicate with us for any other reason. This information may include your name and contact details.

You can choose not to provide information, although it may be needed to make a payment.

1.2 Automatic Information

We automatically receive and save certain types of information whenever you interact with the online-payments website. We use the information to monitor web site traffic and to assist with the navigation and user experience of the web site.

Information that we will automatically receive includes:

Requested URL (Uniform Resource Locator)
IP (Internet Protocol) address (this may or may not identify a specific computer)
Domain name from which you access the internet
Referring URL
Software (browser/operating system) used to access the page
Date and time pages were visited

When you make payments through PayPal, your computer may be issued with a small file – a “cookie”. A cookie is a piece of information in the form of a very small text file that is placed on an Internet user’s hard drive. It is generated by the online-payments web server. The information the cookie contains is set by the server and it can be used by that server whenever the user uses PayPal. See PayPal’s terms and conditions for further information.

2. How we use your information

2.1 Fulfilment

Personal data collected as part of the payment process will be held primarily to settle your order. This data will be retained by reputable third-party banking and distribution institutions who handle our customers card transactions and order fulfilment and may be used for any of the following purposes: accounting, billing and auditing, administrative and legal purposes, security and payment verification.

2.2 Analysis

We may also use and analyse the information we collect so that we can manage and improve the services on the website. Demographic and statistical information about user behaviour may be collected and used to analyse the popularity and effectiveness of the web site. Any disclosure of this information will be in aggregate form and will not identify individual users.

3. How we handle the data submitted by you

3.1 Data Protection Legislation

Visualsolve.com is your data controller. As your data controller visualsolve.com has notified its activities to the Office of the Information Commissioner as required under the Data Protection Act 1998 (the “Act”) and is listed in the Public Register of Data Controllers. Personal information will only be collected and/or processed by visualsolve.com in accordance with the Act.

3.2 Data Security

Please protect sensitive data at all times throughout your online transaction. Make sure that nobody can see over your shoulder when typing in personal information and close your browser when you have finished. Visualsolve.com and its third party suppliers have used their reasonable endeavours to ensure that access to information provided and the payments you make whilst using this site are secure. We work to protect the security of your information during transmission.

You should be aware that the computer that you use to attach to the online-payments system (via a web browser) must also be secure, and include the latest operating system, software and anti-virus updates. The use of a shared computer to connect to the online-payments system could increase the risk that others will see your sensitive information..

3.3 Disclosure of your information

Except as set out in this policy or as required by law, your personal data will not be provided to any third party without your prior written consent
The information you provide to us will be held on our computers in the UK. It may be accessed by or given to third parties (e.g. PayPal) some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information and may provide support services to visualsolve.com or on visualsolve.com’s behalf.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
We employ other companies and individuals to perform functions on our behalf and in turn they may also use third parties for these functions. Examples include processing credit card payments and hosting the web site (“Contracted Agencies”). The Contracted Agencies have access to personal information needed to perform their functions, but may not use it for other purposes.
Personal information provided by you may occasionally be shared with other organisations for the prevention of fraud. Should you fail to honour a payment to visualsolve.com, visualsolve.com may disclose sufficient personal data to a third party to enable it to pursue and recover the debt from you. Third parties may include solicitors, agents appointed by visualsolve.com (for example, debt recovery and tracing agents) and the Courts.

3.4 Monitoring Use of visualsolve.com Systems

In order to protect the security and working of the visualsolve.com website, it may be necessary to monitor or log the use of these systems. If there are indications of abuse of systems or that individuals may be using systems in excess of their authority, files, messages and any or all uses of the systems may be intercepted, monitored, recorded, copied, audited, inspected and disclosed to law enforcement personnel.

4. Links to external websites

This website may contain links to other websites that are outside visualsolve.com’s control and are not covered by this privacy policy. The privacy policies of these other sites may differ from this one.

5. How to contact us

Should the information we hold about you be incorrect, you can change and update your personal information and you can have your information corrected by contacting us.

Where requested, we will provide you with a readable copy of the personal data that we keep about you, by contacting us at the address below. We may require proof of your identity before supplying you with this information to ensure confidentiality.

We allow you to challenge the data we hold about you and where appropriate you may have the data erased, rectified, amended or completed. For complaints or queries about the privacy policy or data protection queries generally please contact:

Visualsolve Ltd
23 Oaktree Road
Trentham
Stoke on Trent
ST4 8HF
UK

Phone: +44 (0)7973 715827

Email: john@visualsolve.com

May 2013 Visualsolve Ltd

Product Usage Terms and Conditions

“mylifecoachapp” is software designed to aid decision making. The software selects visual images based upon information provided by the user. The software helps users pose questions about their decisions and actions. It is not a therapy, and the software IS NOT intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek professional medical advice from your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

The photographic images used in the software have been selected on the understanding that they are copyright-free. If any person can demonstrate rights over any particular image then they should contact the software developer so that the image can be removed and replaced with a substitute image.

The software registration system enables the program to run on a single machine for a single user.

The “mylifecoachapp” program is copyrighted by visualsolve.com.

USER LICENCE FOR THE USE OF THELIFECOACHAPP

Please read the terms and conditions of this Licence carefully, as they contain important information about your rights and obligations. You can print out this Licence by clicking on the print icon on your browser.

1. Introduction

1.1 Please read this Licence Agreement carefully before accessing the mylifecoachapp software ( ‘mylifecoachapp ’) provided by visualsolve.com ( ‘our’ ‘we’ or ‘us’ ). In particular, we draw your attention to clause 7 (Liability).

1.2 By clicking on the ‘I Accept’ button at the bottom of this Licence Agreement you agree to be legally bound by this Licence Agreement as it may be modified and posted on our website from time to time.

1.3 If you do not wish to be bound by this Licence Agreement then you may not download or use mylifecoachapp .

2. Licence

2.1 We grant you a non-exclusive, non-transferable licence to use mylifecoachapp on the terms and conditions of this Licence Agreement.

2.2 We are under no obligation to provide you with any updates to, or new versions of mylifecoachapp . However, if we do, your use of the new version will be subject to this Licence Agreement from the time of downloading.

2.3 In relation to mylifecoachapp :

(a) you may:

(i) Use mylifecoachapp only for your private and personal use.

(b) you may not:

(i) make or distribute copies of mylifecoachapp other than in the course of normal operation;

(ii) sub-licence, rent, lease, transfer or attempt to assign this Licence Agreement to any other person;

(iii) modify, adapt or create derivative systems based on mylifecoachapp ;

(iv) use mylifecoachapp in any manner, or transfer or export mylifecoachapp or any copies into any country;

(v) create any promotional material or artwork relating to mylifecoachapp ;

(vi) allow any other person to use mylifecoachapp other than in accordance with the terms and conditions of this Licence Agreement.

(vii) use mylifecoachapp otherwise than in strict accordance with the guidelines featured on our website. We are not responsible for any non-performance of mylifecoachapp as a result of your failure to abide by the guidelines including without limitation any other unauthorised activity.

2.4 We may terminate this Licence Agreement at any time if you are found in breach of any of these terms and if you are notified of termination, you must destroy all copies of mylifecoachapp .

3. Warranties

3.1 We warrant that we have a right to license mylifecoachapp to you however we do not warrant that mylifecoachapp will be error or virus free.

3.2 If you have any complaints, you should direct them to us via email at customer-services@visualsolve.com

4. Provision of mylifecoachapp

4.1 You may download, install and activate on your computer equipment one copy of the mylifecoachapp electronically or we will if requested by you supply on CD-ROM to the address you notify within seven (7) days of your order being accepted by us. Risk in any tangible media on which mylifecoachapp is delivered shall pass on delivery.

4.2 We make no representations and give no warranties, express or implied that making mylifecoachapp available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making mylifecoachapp or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, mylifecoachapp is not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use mylifecoachapp . We accept no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the download or attempted download of mylifecoachapp by persons in jurisdictions outside the UK or who are nominees or of or trustees for citizens, residents or nationals of other countries.

5. Copyright and monitoring

mylifecoachapp is protected by international copyright laws and other intellectual property rights. The owner of these rights is John Sparrow. All product names and logos contained within mylifecoachapp are our trading names.

6. Information you provide

The following applies to any information you provide to us, for example during any registration process.

6.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide mylifecoachapp services. We may collect information about the way you use our website and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by shall be referred to in these terms and conditions as ‘Personal Information’.

6.2 You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where Applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

6.3 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at customer-services@visualsolve.com.

7. Liability

7.1 All warranties offered in relation to mylifecoachapp are set out in clause 3.1 of this Licence Agreement. We exclude all other warranties, express or implied terms, conditions, representations, or endorsements whatsoever with regard to mylifecoachapp .

7.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect ) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents or use of your mobile phone handset ( other than as a direct result of accessing the software which shall be subject to the exclusions and limitations of liability set out in these terms and conditions), we accept no liability for this loss or damage ( except where we have been negligent ) whether due to inaccuracy, error, omission or any other cause.

7.3 You are responsible for ensuring that your computer meets all relevant technical specifications necessary to access mylifecoachapp . You also understand that we cannot and do not guarantee or warrant that mylifecoachapp will be free from infection, viruses and/or other code with contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

7.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

8. General

8.1 We may assign, transfers, novate or subcontract any or all of our rights and obligations under this Licence Agreement at any time.

8.2 We may alter this Licence Agreement from time to time and post the new version on our website, following which all use of our website and the software will be governed by that version.

8.3 This Licence Agreement together with the privacy policy, are the whole agreement between us. You acknowledge that you have not entered into this Agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind this Licence Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions and privacy policy.

8.4 If any provision or term of this Licence Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deleted from them.

8.5 This Licence Agreement and your use of mylifecoachapp is governed by English Law and you submit to the non-exclusive jurisdiction of the English Courts.

8.6 Neither you nor we will be held liable to the other for any failure to perform any obligation due to causes beyond your or our respective reasonable control.

8.7 Failure or delay by either party enforcing an obligation or exercising a right under this Licence Agreement does not constitute a waiver of that obligation or right.

9. Notices

9.1 All notices shall be given:

· to us via email at john@visualsolve.com; or

· to you at either the email or postal address you provide during any ordering process.

9.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

10. Replacement

This Licence Agreement replaces all other terms and conditions previously applicable to the licensing of mylifecoachapp .

Product Usage Privacy Policy

The following applies to any information you provide to us, for example in the course of using the software mylifecoachapp .

1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide mylifecoachapp services. We may collect information about the way you use our website and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by shall be referred to in these terms and conditions as ‘Personal Information’.

1.2 The Android application does not store any identifying information. The personal biographical information you provide is retained only on the basis of a code. This code is not transmitted to any party. The Notes file that you generate in the course of your use of the application is stored on your Android device. It is not transmitted to any other party.

1.3 The data requests that the software raises are not retained. The requests are for video, image, text and sound files to a cloud-based server and do not include identifying information. Details of the device to which these files are transferred from the server are not maintained.