This policy was last modified on 18 March 2018.
Welcome to The Daily Positive.
Our Site and Services are offered and available to users who are 18 years of age or older. By accessing the Site and/or Services, you represent and warrant that you are 18 years of age or older, and of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Site and/or Services.
All use of the Site and Services is governed by the terms set out below. All such terms and usage of the Site or Services is governed by New Zealand law, where the Company is based.
“Site” refers to The Daily Positive website at www.thedailypositive.com and its subdomains, its app, its other digital properties and its social media web pages.
“Services” refers to all products and services offered by or through the TDP including, but not limited to, written information, books, emails, tips, ideas, suggestions, discussion forums, presentations, methods, techniques, processes, audios, videos, affirmations, meditations, visualizations, coaching, classes, programs, courses, workshops, webinars, events, retreats, clothing, homeware and any other forms of merchandise and physical products.
“Users” will be deemed to be any person visiting or browsing the Site, utilizing or applying the contents of the Site, and/or any person purchasing Services from or through TDP (also referred to as “you”, “your” and “yourself”).
“Content Contributors” will be deemed to be any person or organization posting or submitting content of any form on the Site or within the Services, including but not limited to comments, text, articles, blogs, photographs, videos, audios, products, services, courses or programs.
About Our Site
The Site and Services provided by TDP and Bernadette Logue (as a representative of TDP) are purely educational in nature and are offered only as general information, and in no way are intended, nor should be considered to be, professional, registered, certified or expert advice in the areas of psychological, emotional or physical wellbeing.
You should never disregard any Professional Advice (including but not limited to medical, mental health, legal, financial or other form of Professional Advice) or delay seeking it because of a statement you have read and/or heard on our Site and/or Services.
Users must take full responsibility for their own use of and participation in the Site and/or Services.
Users who purchase any aspect of the Services must disclose any health or wellbeing concerns that may impact upon their ability to use or participate in the Services, or which may in any way be impacted upon by their use or participation. Users must undertake full personal responsibility for looking after their own health and wellbeing before, during and after the use of or participation in Services. Users must advise TDP immediately if their situation should change in relation to either, and users must take full responsibility for immediately ceasing use of the Site and/or Services.
Users must disclose any other coaching, energy work, healing, therapy, professional care, treatment or counselling they are receiving, and accept full responsibility for advising their coaches, healers, therapists, treatment providers, healthcare professionals and/or counsellors that they are using or participating in any type of Services provided by or through TDP.
Users accept that TDP and Bernadette Logue provide general information and support in the form of personal growth and positive living ideas, inspiration, life coaching and spiritual coaching, and that Bernadette Logue, as a representative of TDP, is not a psychotherapist, psychologist, therapist, counsellor or registered health or well-being practitioner. Users acknowledge that the Site and Services provided by or through TDP are in no way designed as a substitute for the care, support or instruction of registered, qualified health and wellbeing practitioners.
Users of Services may be required to respond to personal declaration questions or questionnaires during the purchase process, prior to accessing the Services. Such responses are held in the strictest of confidence. Users agree to provide full and accurate information in the abovementioned questions or questionnaires, and agree to provide full and accurate information in response to any further questions asked of them during the use of Services.
Users acknowledge that while utilizing the Site or Services, they have the right at all times to personally choose whether or not to participate in any form of tip, tool or technique presented for general personal growth, and if they choose to participate they do so of their own free will, and assume and accept all responsibility for any risks associated.
While using the Site or Services, users acknowledge such use or participation may involve focusing on issues of emotional distress, and this may include recalling past events, memories or experiences. Users acknowledge that at any time they are not comfortable doing so, they will take responsibility for ceasing use of the Site and Services immediately. While many people report positive experiences with the contents of the Site and Services (including Tapping) users are hereby expressly informed that it is also a possibility to experience mental and emotional distress, or physical discomfort during or after such use or participation. If users experience discomfort or negative side effects, they are asked to stop use and participation, and it is recommended that they consult a registered health and wellbeing professional where appropriate.
The Site and Services are not being suggested in any way as being a cure, treatment or prevention tool for any mental/emotional disorder or physical health issue. It is strongly advised that users seek appropriate care from registered health and wellbeing professionals, and treat all content of the Site and Services as alternative tools for personal growth that may act as a complement.
Users acknowledge that private one-on-one sessions and public group sessions, courses, programs, classes, workshops, retreats or events provided by or through the TDP, including with Bernadette Logue (representative of the TDP) may be recorded into audio format. Where the aforementioned is a private one-on-one session, such an audio recording is only made with the express permission of the User for the sole purpose of providing the User with an audio recording of their session/s afterwards as a valuable resource for reflection to listen back to. Users acknowledge that they have the option to choose whether their sessions are recorded, and if they do not wish to have their session/s recorded in this way at any time, they will immediately advise TDP. Public and/or group sessions, courses, programs, classes, workshops, webinars, retreats or events, whether offered free or as a paid Service by or through the TDP, may be recorded in video and/or audio format for the purposes of delivering upon the requirements of our Services, for the purposes of operating our core business, or for improving upon our business operations. By attending, watching, listening, using or participating in such Services, Users agree to such recordings being made.
There is no guarantee of any specific outcome with utilizing or participating in the Site or Services. The content of this Site, including testimonials from previous or existing Users of the Site and Services, is not in any way implying or creating an indication or expectation of a specific outcome, a promise of a guaranteed outcome, or a suggestion or direction that you create change, or take action, in any particular area of your life.
All results and potential results discussed or noted are hypothetical unless otherwise stated. No representation is being made that any action you take will or is likely to achieve particular results. In fact, there are frequently significant differences for individuals use or participating in the Site and Services based largely upon the individual.
All testimonials on the Site are unsolicited and are potentially non-representative of all Users. Some names of Users associated with testimonials have been withheld for privacy purposes only.
Many people find the Site and Services (including but not limited to coaching, courses, programs, membership and products) to be beneficial and gratifying. However, it is not prudent for everyone. Your safety and our responsibility is taken seriously. If you have questions or concerns about whether or not our Site and Services are suitable for your use or application, please contact a registered professional with the expertise to advise you. You are responsible for your choice to use or participate in any aspect of our Site and Services, and you are responsible for your own well-being and mental health during and after your participation. Your experience as a result of such use or participation will be unique to you as an individual, and you may have the experience of unexpected and undesirable emotions as you participate. For most people, examining thoughts and beliefs they’ve never examined before is a beneficial and constructive learning experience. If you are in any way concerned about your capability in handling any unexpected or undesirable emotions that might surface while using or participating, we strongly advise you to not participate. If you have a history of mental illness, whether treated or untreated, we strongly advise you to not participate. If you are unsure whether or not Site and Services are appropriate for you, or are unsure of your ability (physically, emotionally or mentally) to use or participate, we recommend you consult with a registered professional with the expertise to advise you before starting. The Site and Services are intended for individuals who fully and undoubtedly comprehend that they are responsible for their own health, well-being and choices before, during and after using and participating. The Site and Services are NOT in any way to be utilized as an alternative for medical treatment, psychotherapy or any healthcare program. If you experience any signs or evidence of mental distress during or after your use or participation, we strongly advise that you immediately contact your physician or mental health care professional. DO NOT begin to use or participate in the Site and Services if your physician or other health care provider advises you not to. You should not rely on the information provided by TDP as a substitute for professional medical advice, diagnosis, or treatment. Nor does the information within the Site or Services replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your physical or mental health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay acquiring medical advice from your healthcare provider because of something you may have read or heard while using the Site or Services. Any information provided is used solely at your own risk. The content and material presented is for educational and informational purposes only.
User actions and the results of their actions in regard to anything they receive from TDP are entirely their own responsibility. TDP cannot and will not assume liability for any results that may follow the use of any information received from TDP’s Site or Services. Any such liability is hereby expressly disclaimed. By using the Site or Services, users agree not to hold TDP or Bernadette Logue (as a representative of TDP) in any way responsible or liable for any experience associated with their use or participation (including before, during or after the provision), nor for any of their experiences, choices, actions or results.
Before using or applying information on the Site or Services, Users agree that they have the right and free will to choose to seek external, independent advice from professionals before proceeding.
Our Right to Discontinue Site, Suspend Site or Terminate Your Use
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that TDP shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site, or if for any reason all or any part of our Site is unavailable at any time or for any period.
Your Access to Our Site & Restricted Use of Content
The Site and Services are intended for users aged 18+ years.
The following content standards apply when you post or submit content on or to our Site, or when you visit or use our Site and/or Services. All such posts, submissions, visits and/or use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you agree NOT to post or submit content, or use our Site and/or Services:
- To send, knowingly receive, upload, download, use, re-use, duplicate, record, save, copy, reproduce, sell, re-sell, license, rent, modify, transmit, publicly display, print, publicly perform, publish, adapt, exploit, edit, or create derivative works from, the materials, content, reviews and ratings of the Site and/or Services without express written permission from TDP.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the transfer or export of data or software to and from New Zealand or other countries).
- To promote any illegal activity, or advocate, promote or assist any unlawful act.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To promote or submit material that is sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To submit material that is obscene, defamatory, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- To bully, threaten, cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- In any way that might be likely to deceive any person;
- To misrepresent yourself as us, to impersonate or attempt to impersonate us, any of our employees, partners, affiliates, or service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
- To conduct yourself in any way that inhibits anyone's use or enjoyment of our Site and/or Services, or to conduct yourself in any way which we deem at our sole discretion may harm us or users of our Site and/or Services, including to expose us or them to liability.
- In any manner that could impair or damage the Site and/or Services, or interfere with anyone’s use of the Site and/or Services, including but not limited to posting, emailing, transmitting, uploading or otherwise making available any material that contains software viruses, technologies or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- In any manner that involves use of any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission.
- In any way that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or that may interfere, damage, disrupt, or attempt to interfere, damage or disrupt the proper working of the Site or any activities conducted on the Site;
- To bypass any measures we may use to prevent or restrict access to the Site, to gain unauthorized access to any parts of the Site and/or Services.
- To post, transmit, display, promote, procure or conduct any commercial activity, advertising, sales, marketing, solicitations of business, promotion or bartering without our prior written consent. We reserve the right to remove or not publish submissions without prior notice;
- To advertise to, or solicit, any User to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent
- To submit comments or posts linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- To post content intended to provide Professional Advice, including but not limited to the provision of medical advice, mental health advice, legal advice or financial advice;
- To post personally identifiable information about yourself or any other person;
- To create or submit unwanted email (“Spam”) to any other TDP Users.
We reserve the right to terminate your access to our Site for any reason, and to take any other actions that TDP, in its sole discretion, believes to be in the interest of our Company and of our Users as a whole.
We Have all Rights in Our Site and Content (Copyright)
You hereby acknowledge that you obtain no rights in the trademarks, tradenames, brand, content, products or services of TDP and third party materials.
You must not use our name, logo, related names, logos, product and service names, designs or slogans, nor those of our content contributors or affiliates, without the prior written permission of the respective party.
The content of the Site and Services is protected by copyright and/or other intellectual property rights.
- The Site, Services and all content therein is protected by copyright as a collective work or compilation under the copyright laws of New Zealand and other countries, and we (subject to certain intellectual property rights governed by laws of New Zealand, foreign jurisdictions or international conventions, and subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. The Site, Services, and content protected by copyright includes, but is not limited to, trademarks, service marks, logos, brand names, product and service names, images, photographs, graphics, music, sounds, audios, videos, text, blogs, articles, software, scripts, interactive features, downloadable content or any other content or elements on the Site. You must abide by all additional copyright notices or restrictions contained on our site.
- By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other), you are granting us, and our affiliates, agents and third party contractors, a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content, including for commercial, promotional and/or marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise in writing) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
- You shall be solely responsible for your own posts and submissions of any content on or to our Site and/or Services, and the consequences of posting, publishing or sharing them, including but not limited to, text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other. In connection with each of your submissions, you confirm, represent, and/or warrant that:
- You acknowledge and agree that when you submit content in any form to TDP or our Site we may authorize such content to be distributed or syndicated to or published on other TDP branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
- In addition to the above, you agree that you will not:
• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
• publish misinformation, incorrect data, false claims, or misrepresentations that could damage us or any third party
- We are concerned about the integrity of our Site, Services, content and brand when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Site. Neither you nor any third party shall make use of the contents of our Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
You Have Rights if You Believe Your Copyright is Being Infringed (DMCA)
TDP does not own all content on the Site and/or in the Services. Content is posted, submitted and provided by Users and Content Contributors, each of whom or which (as the case may be) has represented and warranted to TDP that, among other things, the content they have posted, submitted or provided does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
Since TDP is not in a position to determine who has the prevailing claim to use any particular content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Users or Content Contributors allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Users or Content Contributors about allegations of infringement which pertain to them.
For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy here.
Your Use of Our Site is Subject to Certain Disclaimers
Information contained on the Site and in the Services is provided “as is” without warranty of any kind.
TDP, AND ITS AFFILIATES, ADVERTISERS AND/OR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICES; (C) THE INTELLECTUAL PROPERTY, INFORMATION, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICES; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE POSTS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, PRODUCTS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS AND TECHNOLOGIES TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOS; VIDEOS; PRESENTATIONS, BLOGS, ARTICLES, REVIEWS, PROMOTIONS, OPINIONS, STATEMENTS, FACTS, DATA, QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES (INCLUDING USERS AND CONTENT CONTRIBUTORS). DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF PROFESSIONAL ADVICE OF ANY NATURE (INCLUDING BUT NOT LIMITED TO MEDICAL, MENTAL HEALTH, LEGAL OR FINANCIAL) AND IT DOES NOT ADVOCATE THAT YOU TAKE ANY PARTICULAR ACTION. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors
Opinions and other statements expressed by third parties, including but not limited to, Users, Content Contributors, Advertisers, Affiliates or other third parties (e.g. including bloggers, guest writers, providers of paid products and services such as classes, courses or programs, or users who contribute content via any commenting, forum, response Q&A platform or otherwise on our Site) are theirs alone, not opinions of TDP. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by TDP.
You acknowledge that by providing you with the ability to view and distribute content through our Site and/or Services, TDP is not undertaking any obligation or liability relating to the content. TDP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate or unlawful content. TDP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TDP reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
We are Not Responsible for Linked Sites & Third Party Links
The Site and Services include links to third party sites providing online information, materials, products and services.
TDP has no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such third party sites and services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available on or through such services.
Your business dealings, purchases from, communications with or participations in promotions, with advertisers or any other party (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties.
You should read the Terms and Conditions, and Privacy Policies, provided on those sites before using such sites.
These links on our Site and Services may from time to time be promotional links where TDP has a business agreement with third parties who provide information, products and services on such sites, where TDP is paid an affiliate commission for such a referral or sale made as a result of a user clicking on these promotional links. This includes, but is not limited to, the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
TDP makes reasonable attempts to link only to third party sites of a high standard where the information, materials, products or services appear to offer genuine usefulness and value to Users. However, TDP cannot and does not accept any responsibility for the content or delivery of those third party sites, how they collect information from you, their information, material, products or services, their customer service, their accessibility or unavailability, the quality or completeness of their work, products or services, how you might use such information, products or services, or the experience you have. We strongly recommend you do your own thorough due diligence before interacting with, using, applying or purchasing anything online.
Disclosure of Your Information When Legally Required To Do So
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
All Users of our Site and/or Services must abide by our Code of Conduct whenever visiting, interacting with, participating in or commenting on our Site, engaging with other Users, Content Contributors or us.
Our Code of Conduct is based on respect, to provide a safe community environment online in alignment with our TDP missions, values and manifesto. Please click here to review our community Code of Conduct.
We encourage you to report to us at email@example.com any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action at our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the User accounts of such violators or suspending or terminating their right to use and access the Site.
We reserve the right to, in our sole discretion, adopt, modify and post additional rules in our Code of Conduct and/or in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us at our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, at our sole discretion.
Posting, Submitting Content & Commenting in Public Areas of the Site
You should be aware while using the Site and/or Services that if you post content or comments in a public area of the Site, such as in blog comments, bulletin boards, or discussion forums, any Personal Information you choose to provide there can be read, collected, or used by other Users of these areas of the Site and/or Services, as well as other external third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Site.
You agree that you shall be solely responsible for your own posts, submissions and comments, and the consequences of posting or publishing them. This includes, for example, any personal information, such as your email address, your telephone number, your home address, the home address of others, your current location or any other personally identifiable information. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE.
While we cannot be responsible for what you choose to share in the public forums, and we cannot undertake to monitor this, we reserve the right to immediately delete such information as soon as we become aware of it.
The Site may contain certain features that enable Users to have login access to a Members Area where purchased Services are provided, delivered and/or facilitated. Users may have the option to interact directly with each other, including by sending private messages to other Users and posting comments and exchanging useful and helpful information with other Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be sceptical about information provided by others, and you acknowledge that the use of any posts, submissions or comments posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any posts, submissions or comments contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any posted or submitted by any other User of the Site and/or Services.
Do not reveal information in Public Forums that you do not want to make public.
Agreement to Communicate & Transact Electronically
You agree to communicate and transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means.
You authorize us to send you important notices about our Site and/or Services, and any pending transactions, to an email address you provide to us if you have purchased access to any Services, or otherwise provided your email address to us, or in the alternative, by posting a notice on our Site.
By using the Services, you consent to the receipt of such electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the “Unsubscribe” link provided in the footer of such messages. All emails sent by TDP include instructions on how to unsubscribe.
It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send to you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer our Site and/or Services.
Responsibility for Your Own Access
You are responsible for all aspects of owning and maintaining your equipment and any services needed to access and use our Site and/or Services, including all devices, Internet browsers and Internet access. Irrespective of how you choose to access our Site and/or Services, via whatever device or connection, including a mobile or wireless device, you are responsible for all fees that you may incur, including charges from your carrier for data, text messaging and other wireless access or communications services.
Services – Terms of Sale
User Accounts Registration & Responsibilities
If you wish to purchase and use any Services through the Site or on the Site that are online digital memberships, products, courses or programs, you must (a) register to create a User account on the Site in order to login to our Education Members Area to access such Services and (b) pay the applicable fees.
If you wish to purchase and use any Services through the Site that are physical products, you must (a) register to create a User account on the Site in order to login to your Shop Customer Account to access information relating to your purchase and (b) pay the applicable fees.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or any other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Site (the “Registration Data”). The Registration Data you may be required to provide us with includes, but is not limited to, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; and/or (v) if an applicable purchase is made, your credit, debit card or PayPal account information.
You agree to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.
You are responsible for (i) updating the Registration Data for, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data.
Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your User account. If you have reason to believe that someone is using your User account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use of your User account, please contact us at firstname.lastname@example.org
If you provide any Registration Data or other information to us that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your User account and refuse you any and all current or future access to and use of the Services (or any portion thereof). Access to and use of the Services, and registration for our Services, are void where prohibited.
Services – Prices & Payment
Any purchase of Services (including but not limited to products, courses and programs) from the Site or otherwise from TDP shall be in accordance with the prices and purchase options set forth at the time of purchase.
Unless otherwise stated, purchase prices for Services on the Site are in United States Dollar currency (USD).
You agree to pay all fees listed at the time of purchase to TDP. You agree to take responsibility for all sales, use, property, service or other taxes that are applicable to you and your country in connection with your purchase of the Services.
New Zealand based customers purchasing Services from TDP (including but not limited to products, coaching, courses or programs) – we include 15% Goods & Services Tax (GST) in your final purchase price.
All payment for Services is payable at time of purchase. A receipt will be emailed to you immediately upon purchase, showing tax invoice details and confirming payment has been received. If you require a more detailed tax invoice for any reason please contact us at email@example.com and we will be happy to provide this.
Services – Online Education Terms of Sale
Some selected education Services provided by or through TDP may from time to time have either a trial period or limited-time money-back guarantee offer associated. Such trial periods or money-back guarantee offers for individual online digital courses, programs, coaching or membership or other education Services may differ, and will be detailed on the Site in the description of each individual Service where applicable or at the point of purchase when completing a transaction. This does not apply to physical products sold (including but not limited to clothing and homeware).
- All the following points relating to money-back guarantee, cancellation and refunds applies only to selected education Services (per above) and does not relate to physical products sold (including but not limited to clothing and homeware).. For Terms of Sale for physical products including our change, cancellation, exchange and return policies please see below “Services – Physical Products Terms of Sale”).
- Any money-back guarantee provided on digital online education courses, programs, coaching or membership are offered in good faith on the basis that you have logged into the Education Members Area on our Site and fully utilized the purchased Service, and that having done so with full participation, you deem it to have been unsatisfactory. The money-back guarantee offer does not cover “change of mind” or “change of circumstance”.
- Limit of 1 trial period per individual Service per user.
- Any cancellation or refund request during a trial period must be received by us in writing via email at least 48 hours prior to the end of the trial period. This is to allow sufficient time to process the cancellation or refund request before any automated product/service/membership subscription billing takes place.
- Any cancellation or refund request will be processed by us as soon as possible upon receipt of the request.
- Any trial period access to products/services/membership ceases immediately at the time a product/service/membership subscription cancellation or refund is processed, irrespective of how many days are left in the trial period.
- Any bonuses, gifts or freebies offered when purchasing a product, course, program or service of any kind (subscription or otherwise) are provided to you as part of your purchase or subscription. If you cancel and/or refund your purchase or subscription, your access to the bonuses, gifts or freebies ceases.
- If you chose a payment plan option or recurring subscription for any product, course, program or service of any kind, and you default on payments due, your access to the product, course, program or service is removed until due payment/s are made.
Services – Physical Products Terms of Sale
Order Cancellation Policy
- When you place an order with The Daily Positive shop for a physical product, we immediately begin production of your order customized for you, made-to-order.
- It is created uniquely to meet your request, through a “print on demand” process, customizing the product to the unique item, color, type, size and design that you selected when confirming your order.
- Therefore, all items ordered are a final sale. Once you have placed your order on our website, the order cannot be cancelled. This is because when you confirm your order, it immediately goes into production.
- We therefore ask that you select items very carefully before finalizing an order. We thank you for your understanding.
Order Change Policy
- While we would love to be able to assist you in changing an order that you've already finalized, unfortunately once an order is placed on our website we are unable to modify that order (e.g change item type, change size, change color, change design).
- This is because all orders are immediately sent into production at the point you purchase on our website, and that order is then custom made especially for you based on what you selected.
- We ask therefore that you select your order items very carefully before finalizing your purchase.
- As your order is printed on demand to meet your unique request based on item, color, type, size and design (custom made-to-order), we cannot accept returns or exchanges where the reason is due to incorrect selection or change of mind.
- To help you ensure you select the exact item to meet your needs, we provide complete information about sizes for all clothing items (please refer to size charts on each clothing item page in the online shop) and we ask that customers please be mindful to measure and select the correct size before finalizing an order.
- As we have a print on demand production to create your order specially for you, custom made, we are unable to accept returns EXCEPT in the case where you have received your order and it is defective or damaged, or an incorrect item was accidentally shipped to you which did not match what you ordered.
- We cannot accept returns for any other reason, including for situations such as choosing an incorrect size when ordering or for change of mind.
- In the rare event that you receive an item with a defect or damage, or that you receive an item which does not match your original order, we are very sorry and we will resolve this for you as quickly as possible. You can return the item to us and we will replace it. We do ask that any defective/damaged item returned to us be returned in the same condition it was received (unused). To initiate a return in this situation, please email us at firstname.lastname@example.org within 14 days of receiving your order so we can create a solution for you as quickly as possible
Services – Special Offers
Where any discount is offered for use within The Daily Positive online shop, such a discount is only applicable and may only be redeemed on clothing apparel and homeware merchandise, and selected digital on-demand products and courses.
Discounts offered may not in any situation be applied to any eBooks or paperback books displayed in our online shop (which are sold and fulfilled by Amazon). Discounts offered may not in any situation be applied to private one-on-one coaching session, live online programs or live events.
Services – Security Components
You understand that our Services, including but not limited to online products, courses and programs, that are provided, delivered and facilitated on the Site and within our login-access Members Area, and software embodied within our products, courses and programs, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or Content Contributors who provide content to us. You may not attempt to override or circumvent any such security components and usage rules embedded in our Services.
Services – Non-Commercial Use
The Services provided by the TDP, including online products, courses and programs, may not be used in connection with any commercial purposes, except as specifically approved by us. Unauthorized framing of or linking to any of our online products, courses or programs is prohibited.
Services – Intellectual Property
Our Services, including but not limited to online products, courses and programs, may contain content of TDP and/or of our third party licensors or Content Contributors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Services to which you register and pay for access, other than the right to access and use such Services under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our online products, courses, programs or other Services.
Services – Not-Accredited
TDP, its Services (including products, courses and programs), and the Content Contributors and presenters of those Services are not accredited or evaluated by any governmental, academic or other independent body. The use of and completion of any content, product, courses or programs accessed on the Site and in the Services does not convey academic credit, certification, skill set or fitness to practise or perform any particular task, service or profession, and TDP makes no representations or warranties to that effect.
Term & Termination
Your Representation of Warranties to Us
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TDP LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES, OR INABILITY TO USE THE SITE AND/OR SERVICES, AS SET FORTH BELOW:
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
THESE EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ANY CASE WHERE THE LAW GOVERNING THIS AGREEMENT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO THE COMPANY IN THE PREVIOUS TWELVE (12) MONTHS.
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICES OR OTHER PROPERTY OWNED OR CONTROLLED BY TDP AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERIVCES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
By using the Site or Services, you agree to hold harmless, indemnify, and defend TDP, its parents, subsidiaries and their respective officers, directors, shareholders, employees, contributors, agents, subsidiaries, joint ventures, affiliates, licensors and advertisers from all liabilities, claims, expenses, including attorney’s fees, that arise from your use of the Site or Services. TDP reserves the right to assume defense and control of any matter otherwise subject to indemnification by you. Under these circumstances you agree to cooperate with TDP in asserting all available defenses.
If you have a dispute with one or more Users of TDP’s Site, Services or social media, you release us (TDP, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you have a dispute with any Content Contributor, advertiser, affiliate, or third party site, you release us (TDP, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
One Year Limitation on Action
Your use and this Agreement may be suspended or terminated if TDP receives notice that you have used the Site or Services for purposes that violate the laws of New Zealand or laws of any other nations, including the posting of information that might violate third party rights, defame a third party or other criminal regulations.
TDP may disclose your identity if requested by a government or law enforcement body or as a result of a subpoena or other legal action, under such circumstances, though TDP shall not be liable for damages or results and you agree to not bring any action or claim against TDP for this disclosure, should the need arise.
International Users – Data Collection & Protection
TDP is owned and operated by ABBH Limited, a limited liability company in New Zealand. Please be aware that any information that we obtain as a result of your use of the Site and/or Service will be subject to the laws of New Zealand. The privacy and data protection laws in New Zealand may not be equivalent to such laws in your country of residence.
You Must Abide by International Laws
Due to the global nature of the Internet, you agree to comply with all local rules, regulations and law regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.
Our Site and Services are intended to Users aged 18+ years.
The Site and Services are in no way directed toward nor intended to be for children under the age of 18 years old.
We do not knowingly collect or solicit information from children under 18 years old through our Site or Services.
In the event that we learn that information has been collected from a minor under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible.
Due to the nature of the Internet, we cannot prohibit minors from visiting the Site, including without limitation, our Services. If you believe that a minor has provided information to us via our Site or Services, please contact us at email@example.com and we will use every effort possible to remove all the information provided by the minor from our systems.
Disputes Between Us
These Site Terms shall be governed by the laws of New Zealand, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW ZEALAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Should a dispute arise between you and TDP, we agree to first attempt a resolution with the help of a mutually agreed-upon mediator in New Zealand. Costs and fees other than attorney fees for the mediation will be shared equally. If the dispute cannot be resolved using a mediator, we agree to submit the dispute to binding arbitration in New Zealand. Judgment upon the award rendered by the arbitration may be entered in a New Zealand court.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TDP.
TDP reserves the right to revise any part of the Agreement at any time. Revised terms are effective from the date of publication on the Site. When you use the Site or Services the terms as they appear at that instance are the terms which apply.
Any claim or dispute between you and TDP that arises from your use of the Site, Service, or any agreement between you and TDP shall be decided exclusively by a court of competent jurisdiction located in New Zealand. You hereby expressly consent to the personal jurisdiction of the courts located in New Zealand and waive any objections to the laying of venue in such courts.
This Agreement constitutes the entire agreement between you and TDP regarding your use of the Site and Services, superseding any prior agreements between you and TDP relating to the same.
If one or more provisions outlined in the Agreement are void, unenforceable or deemed invalid by a court of competent jurisdiction, partly or in whole, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
Waiver and Severability of Terms
Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
By Using the Site or Services You Agree
Questions & Contact
If you have questions or need to contact us please email to:
This policy was last modified on 18 March 2018.