Online Terms & Conditions

INTRODUCTION

These Terms of Use, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms of Use”), are entered into by and between you and Be Positive Ltd (“Be Positive”, “we”, or “us”). For purposes of these Terms of Use, “you” includes, individually and collectively, you (the user or Customer) and any individual, affiliate, or Business User that is visiting, viewing, using, or accessing the Site under your Plan. To the extent that you have entered into an enterprise license agreement, master sales order, master services agreement, or other written agreement fully executed and signed by an authorised representative of Be Positive that contains terms that directly conflict with any terms of these Terms of Use, then the conflicted terms set forth in such other agreement will control.

You acknowledge and agree that by

(i) visiting, viewing, using, or accessing the Site,

(ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or

(iii) signing or confirming a Sales Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site.

If you do not agree to these terms of use, then you may not access or use the site. Be positive’s allowance of your use and access to the site is expressly conditioned upon your assent to all of the terms and conditions of these terms of use, to the exclusion of all other terms.

 

PRIVACY POLICY

Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the site is subject to our privacy policy found at https://www.be-positive.co.uk/privacy-policy/  (the “Privacy Policy”), which is hereby incorporated by this reference.

 

TERMINATION; CANCELLATION POLICY

(a) Be Positive’s Rights of Termination

You agree that we may deactivate your account or terminate your subscription if we believe that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised User Content; or (d) violated or acted inconsistently with these Terms of Use, our Privz Professional Services Terms, or any other applicable code of conduct. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that Be Positive will not be liable to you or any third party for any deactivation of your account or termination of your Plan.

(b) Subscription Cancellation

Your subscription may be cancelled at any time by emailing support@be-positive.co.uk.  Your access to the product will continue until the originally agreed expiry date.  If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription.   Other than as set forth herein, we will not offer refunds on any fees or charges related to your subscription - this includes any partially used or unused periods for which you have already paid.

 

NO WARRANTY; LIMITATIONS ON LIABILITY

No Warranty

This site is provided on an ‘’As Is’’ and ‘’As available’’ basis, without warranty of any kind, whether expressed or implied.  Neither Be Positive, nor any person or entity associated with Be Positive makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site.

Without limiting the foregoing, neither Be Positive nor any person or entity associated with Be Positive promises, represents or warrants that the site or content obtained through the site or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes them available are free of viruses or other harmful components, or that the site or its content or materials will otherwise meet your needs or expectations.  Be Positive hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

Limitation on liability

In no event will be positive, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable to you, any of your affiliates or business users, or any third party with respect to the site or the subject matter of these terms of use under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for:

(i) any amount in the aggregate in excess of the greater of the amount you have paid to be positive for the site in the three (3) months immediately prior to liability arising;

(ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill;

(iii) data loss or cost of procurement of substitute goods or services;

(iv) for any matter beyond our reasonable control; or

(v) for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on behalf of Be Positive or via the site.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Be Positive “DOs” and “DON’Ts”

You acknowledge and agree that the site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your Business Users), except where explicit written consent has been given by Be Positive.  In addition, you agree to adhere and abide to the following DOs and DON’Ts.

DOs (User Obligations)

  • You acknowledge and agree that you (and your Business Users) will:
  • Comply with all applicable UK or international law or regulations (including without limitation, any laws regarding copyright, intellectual property, privacy and personal identity)
  • Provide true and accurate information to us and keep it updated;
  • Use the Interactive Features in a respectful manner; an
  • Exit from your account at the end of each session or use of the Site.

DON’Ts (Prohibited Conduct)

  • You acknowledge and agree that you (and your Business Users), will not
  • Reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to authorised downloadable materials, subject to the limited permissions set forth herein;
  • Manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the site, other than permitted use of authorised downloadable materials or temporary storage of video materials for offline viewing (if permitted by your subscription)
  • Permit or provide others access to the site using your account Information or otherwise, or the Account Information of another authorized user;
  • Impersonate or attempt to impersonate Be Positive, a Be Positive employee, another user, or any other person or entity (including without limitation by using e-mail addresses or account information associated with any of the foregoing) or provide incorrect or knowingly false information;
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the proprietary materials or any other content available on the site;
  • Violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;
  • Co-brand or frame the site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorised representative of Be Positive;
  • Use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
  • Post to the Interactive features or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libellous content;
  • Use the site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorised representative of Be Positive;
  • Use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or
  • Use the site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the site), or otherwise attempt to interfere with the proper working of the site.

Restricted Use of Site

We reserve the right to monitor use of the site and to suspend, revoke, deny, disable, or terminate your access or the access of any of your business users if you or they have violated any provisions of these Terms of Use (including the DOs and DON’Ts above) or if your or their usage behaviour exceeds normal limits, as determined in our sole discretion. The term “normal limits” will be determined solely by Be Positive.