Terms and Conditions

 

Welcome to The Positive Family Academy! The Positive Family Academy is the operator of the www.thepositivefamilyacasdemy.com site.

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use. If you do not agree to these Terms, you should not use or access this Site or the App. The Positive Family Academy reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. The Positive Family Academy Privacy Policy which are incorporated herein.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site and the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site and the App

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of The Positive Family Academy. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of The Positive Family Academy. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site in whole or in part.

We require all Subscribers (as defined below in section 4 of these Terms) to agree not to use the Site and specifically prohibit any use of the Site or the App, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site, the App’s or The Positive Family Academy’s network security, or attempting to use the Site or the App’s service to gain unauthorized access to any other computer system; and
  • Using the Site or the App to drop ship merchandise to third parties

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or the App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of The Positive Family Academy.

2. Registration and Passwords

In order to access certain services on the Site and the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site or the App under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

4. Site and App Not for Minors

The Site and the App are available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by The Positive Family Academy for any reason. We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms.

5. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

6. Transactions

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to The Positive Family Academy the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. The Positive Family Academy reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with The Positive Family Academy and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

7. The Subscription Contract Between You And Us

The Positive Family Academy offers a monthly subscription service.

AUTOMATIC RENEWAL TERMS

The Positive Family Academy subscription is subject to automatic renewal. You agree that The Positive Family Academy may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide 28 days notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before The Positive Family Academy reasonably could act.[/b]

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an [b]initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation[/b], including where applicable any charges processed by The Positive Family Academy after the expiration date of your payment card.

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be [b]automatically renewed for successive monthly periods[/b] and your payment method will [b]automatically be charged for each successive monthly period at the then-current subscription rate until you cancel[/b] your Monthly Subscription renewal. We require a 28 day cancellation notice period.

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription [b]at any time, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at hello@thepositivefamilyacademy.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.

AUTOMATIC ANNUAL RENEWAL TERMS

At the end of each yearly subscription term, your subscription will be [b]automatically extended for another term of one year[/b] and your payment method will [b]automatically be charged the Annual Subscription renewal fee at the then-current Annual Subscription rate until you cancel[/b] your Annual Subscription renewal.

Gift Subscriptions:

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

8. Product Information; Limitation on Quantities

Excluding any content that may be submitted by subscribers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of The Positive Family Academy or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by The Positive Family Academy.

10. Contributed Content Guidelines

The Positive Family Academy values your engagement. When contributing content, please consider the following guidelines:

  • By submitting or posting any materials or content on the Site, you grant The Positive Family Academy a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Birchbox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Positive Family Academy will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
  • All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other language not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors;
  • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us please contact us directly hello@thepositivefamilyacademy.

11. General Disclaimers

All activities demonstrated in our video workshops and described on our downloads are carried out at your own risk. we accept no responsibility for injuries sustained as a result of taking part in our workshops. 

Our monthly playlist is hosted on Spotify and this does not form part of our paid subscription, this is simply an added bonus extra. We have no rights to music licenses and are not selling this as part of our subscription. 

 

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE POSITIVE FAMILY ACADEMY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE  IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Positive Family Academy makes no warranties of any kind regarding any non- The Positive Family Academy sites to which you may be directed or hyperlinked from this Site or the App. Hyperlinks are included solely for your convenience, and The Positive Family Academy makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- The Positive Family Academy sites. The Positive Family Academy does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.

12. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

13. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

14. Indemnification

You agree to indemnify, hold harmless, and defend The Positive Family Academy, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site or the App, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site or the App by you, or your violation of any law or the rights of a third party.

15. Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF THE POSITIVE FAMILY ACADEMY, IN NO EVENT SHALL THE POSITIVE FAMILY ACADEMY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF THE POSITIVE FAMILY ACADEMY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF THE POSITIVE FAMILY ACADEMY, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE POSITIVE FAMILY ACADEMY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR THE APP, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO THE POSITIVE FAMILY ACADEMY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

16. International Use

We control and operate the Site from the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site or the App from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Our merchandise is delivered using recorded delivery.

18. Copyright Infringement; Notice and Take Down Procedures

The Positive Family Academy specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Positive Family Academy will process notices of alleged infringement that it receives and will take appropriate action.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.

19. Waiver; Remedies

The failure of The Positive Family Academy to partially or fully exercise any rights or the waiver of The Positive Family Academy of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Positive Family Academy or be deemed a waiver by The Positive Family Academy of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of The Positive Family Academy under these Terms and any other applicable agreement between you and The Positive Family Academy shall be cumulative, and the exercise of any such right or remedy shall not limit The Positive Family Academy’s right to exercise any other right or remedy.

21. Disputes

Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site  (including a subscription), or to your relationship to The Positive Family Academy will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Questions: Should you have any questions regarding these Terms you may contact us hello@thepositivefamilyacademy.com.