Privacy Policy
1. INTRODUCTION
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.rosaleanbatool.com , including any information you may provide through our site when you purchase a product or service, sign up to our newsletter or take part in a prize draw or competition.
By providing us with your data, you warrant to us that you are over 13 years of age.
Rosalean Batool are the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
[We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below.
CONTACT DETAILS
Our full details are:
Full name of legal entity: Rosalean Batool
Name or title of Contact: Rosalean Batool
Email address: rosaleanwork@gmail.com
2. WHAT DATA DO WE COLLECT ABOUT YOU
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process certain types of personal data certain types of personal data about you as follows:
Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
Contact Data may include your billing address, delivery address, email address and telephone numbers.
Financial Data may include your bank account and payment card details.
Transaction Data may include details about payments between us and other details of purchases made by you.
Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
Usage Data may include information about how you use our website, products and services.
Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.
We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.
Sensitive Data
For certain products and services, we need to collect the following sensitive data about you in order to deliver the services/product:
Data about your health and history
We require your explicit consent for processing sensitive data, so when you submit your details, we will send you a further communication asking for you to confirm your consent to this processing.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
3. HOW WE COLLECT YOUR PERSONAL DATA
We collect data about you through a variety of different methods including:
Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
order our products or services;
create an account on our site;
subscribe to our service or publications;
request resources or marketing be sent to you;
enter a competition, prize draw, promotion or survey; or
give us feedback.
Automated technologies or interactions: As you use our site, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies. We may also receive Technical Data about you if you visit other websites that use our cookies.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
Facebook & Google
analytics providers such as Google based outside the EU;
advertising networks [such as Facebook based outside the EU; and
search information providers.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as PayPal based inside the EU and Gocardless based inside the EU].
Identity and Contact Data from data brokers or aggregators.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when legally permitted. The most common uses of your personal data are:
Where we need to perform the contract between us.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at rosaleanwork@gmail.com .
Purposes for processing your personal data
Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.
We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data.
Marketing communications
You will receive marketing communications from us if you have:
requested information from us or purchased goods or services from us; or
if you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications; and
in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at rosaleanwork@gmail.com at any time.
Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at rosaleanwork@gmail.com
If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
Service providers who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
Team members of Rosalean Batool, such as Virtual assistants, online business managers and tech support we employ or contract to help manage systems within our business.
Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
We do not share your personal information with others except as indicated within this policy or when we inform you and give you an opportunity to opt out of having your personal information shared.
We may share your information in the following ways
With third party service providers, agents, or contractors. We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with providing services to you. For example, we may engage Service Providers to process credit card transactions or other payment methods. Or, we may engage Service Providers to provide services such as marketing, advertising, communications, infrastructure and IT services, to provide customer service, to collect debts, and to analyse and enhance data (including data about users’ interactions with our service). These Service Providers may have access to your personal or other information in order to provide these functions. In addition, some of the information we request may be collected by third party providers on our behalf. We do not authorize them to use or disclose your personal information except in connection with providing their services.
Analytics: Specifically for analytics providers, we use Google Analytics Google Analytics which is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/ Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
Advertising:
We may use third-party Service Providers to show advertisements, which may include targeted advertisements on a third party site after you have visited our website. We and the third party service providers use cookies to inform, optimize, measure performance serve ads based on your previous visits to our site.
Please note at this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.
Facebook: You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
To see more about Facebook’s participation in the Digital Advertising Alliance please visit the Choices section of this notice.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Payment Providers: We may provide paid products and/or services within the site. When we do, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice. The payment processors we work with adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Paypal – Please view their privacy policy here https://www.paypal.com/us/webapps/mpp/ua/privacy-full
6. INTERNATIONAL TRANSFERS
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third party service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please email us at rosaleanwork@gmail.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Any hard copies of personal information used to carry out contracted activities are stored in a locked, secure filing cabinet.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
You can see more about these rights at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please email us at rosaleanwork@gmail.com
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
11. COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see https:// rosaleanbatool.com/cookie-policy/
12. COMPLAINTS
Your first port of call is to contact Natasha Bray as outlined in Section 1. However, if you still don't feel your data has been handled appropriately, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at rosaleanwork@gmail.com
We may update this policy from time to time, so please check back here for the latest version.
Last updated: August 2022
Terms of Use
Introduction
1.1. These Terms and Conditions (“Terms”) along with our privacy notice and disclaimer, available at www.rosaleanbatool.com (the “Website”) set out the basis on which we provide access to our Website and the provision of any Services to you through our Website and/or our associated social media channels. When you access, visit or use our Website or purchase any of our Services you agree to be bound by them. If you do not intend to be bound by them then you should not visit or Website or purchase our Services.
1.2. If you purchase a particular coaching programme or other bespoke service then you may be asked to agree to separate terms and conditions which are specific to that product or service. Should a dispute or conflict arise then any separate terms that are agreed will take priority over these Terms.
2. Accessing our Website
2.1. Our Website is intended for individuals over the age of 18. If you are under 18, or you do not have the mental capacity to understand and accept these Terms, then you should not access or use our Website.
2.2. Access to our Website is provided free of charge on an ‘as available’ basis and we shall not be liable if you’re unable to use or access it for any reason.
3. The Services
3.1. We provide business and personal development and support through online and self-study courses, workshops, and coaching and mentoring sessions and programmes (“the Services”). Further details of our Services can be found on our Website and social media channels.
4. What you agree when you purchase our services
4.1. When you purchase any of our Services, you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. You agree to keep your access to the Services private, and not to share, disclose, assign, sell or license any part.
4.3. During your access to the Services, you may choose to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development or health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and/or use of the Services.
4.4. You acknowledge that the Services are designed to provide you with information, materials and support to assist you in developing yourself or, where applicable, your business and they are not a substitute for counselling or other therapy services. If you are currently seeking medical or other professional help concerning your mental health, or if you’re in any way unsure as to your mental capacity to use the Services then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant.
5. If you purchase a one to one session:
5.1 This service will include a private one to one session as detailed in the ThriveCart check out page. A schedule of the date and time for your Session will be agreed with you and you will be responsible for attending the Session at the scheduled date and time and participating fully, openly and honestly.
5.2 The session will take place remotely via Zoom or other online meeting facility and you will be responsible for ensuring that you have in place all necessary resources to enable you to access the Service.
5.3 If you are unable to attend your scheduled Session then you will be responsible for contacting us to cancel your Session via rosaleanwork@gmail.com. You will be able to cancel and reschedule your Session up to 48 hours before the scheduled Session start time. If you fail to cancel your Session within this time frame then you shall forfeit the right to that Session and may be charged a cancellation fee of £150. Any cancelled Sessions must be rescheduled and take place within 14 days from the date of the cancelled Session subject to our availability, unless we agree otherwise.
5.4 We respect your time and would ask that you respect ours too. On this basis, if we are waiting for you to join a scheduled Session for more than 15 minutes from the scheduled start time, we reserve the right to treat you as a no-show and in that situation you will forfeit your right to that Session or be charged a cancellation fee of £150.
5.5 Should a situation arise where we need to reschedule a Session then we will make all reasonable attempts to provide you with as much notice as possible and to reschedule the Session to a mutually convenient time.
5.6 Should you require any further contact or support in addition to the Session and other Services as set out in the Thrivecart Checkout Page, then such contact will be in addition to the Services agreed and a further agreement will need to be arranged with separate terms for payment.
6. Access to groups and sessions
6.1. If the Service you purchase include group calls, meetings or one-to-one sessions ( together “Sessions”), we will deliver the Session(s) by online meeting facility or telephone and we will confirm the date and time by email.
6.2. You will be responsible for attending any Session(s) included with the Service that you purchase. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.
7. Your responsibility to others
7.1. To ensure everyone accessing our Website, social media channels and groups and our Services feels safe and comfortable, we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any of our public or private groups or channels, Services, including Sessions, and not to act in a manner which may cause offence, distress or alarm to others.
7.2. When you access any of our groups, Services or Sessions, you agree:
7.2.1. NOT to use your access for any unlawful purpose;
7.2.2. NOT to record any part, for your personal use or otherwise;
7.2.3. NOT to capture or share images of any other person or that include any other person without that person’s express permission;
7.2.4. NOT to upload, post, transmit or otherwise make available content that
a) is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
b) discloses personal and/or confidential or sensitive information about another person;
c) is threatening or causes another individual to feel harassed or in fear; and/or
d) is classed as spam
7.3. In the event you are deemed by us to have acted or be acting in a way which is disruptive, or which causes offence, distress or alarm, to another person, then you will be excluded from the group or Session. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded permanently. Such decision to be at our absolute discretion.
7.4. If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any of our groups, on our Website, or during the delivery of any of our Services you agree to notify us as soon as possible.
8. Your purchase of our services
8.1. Your purchase of any Service is a contractual offer that we may choose to accept. Our legally binding agreement begins when we confirm acceptance by sending our welcome email.
8.2. If your order is not accepted, we will notify you by email and provide a full refund.
8.3. Details of our Services can be found on our Website and social media channels. The Service you purchase shall be delivered in accordance with the details displayed on the Thrive Cart checkout page at the time your purchase is made.
8.4. If your purchase includes digital content or other content available for immediate access or download, then when you place your order you will be asked to accept that you wish to receive immediate access and that you understand that you will lose your right to cancel this agreement other than as set out within these terms and conditions.
9. Payment and Charges
9.1. The purchase price for your chosen Service is as set out on the Thrivecart page at the time of your purchase (“the Fee”).
9.2. Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive cleared payment before you are entitled to access the Service.
9.3. If you choose to pay the Fee by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to the Service, you agree to provide full payment of the Fee within 7 days from access to the Service being provided.
9.4. If we agree to accept payment of the Fee by instalments, then you agree to:
9.4.1. set up a direct debit or similar payment process to cover your instalment payments; and
9.4.2. provide payment of the instalments as and when they fall due in accordance with the instalment plan agreed at the time of purchase.
You accept and understand that you will remain responsible for providing the instalment payments until the Fee has been paid in full.
9.5. We reserve the right to change our Fee at any time. Any changes will not affect the price of Services where payment has already been made and a welcome email sent.
9.6. If you purchase Services on a monthly subscription basis then you will be liable to make payment every month until you cancel your subscription in accordance with these Terms. You authorise us to request payment of the monthly amount from your chosen payment method on a rolling monthly basis.
10. Late Payment
10.1. Without prejudice to any other right or remedy that we may be entitled to, where payment of the Fee is beyond 7 days overdue then:
10.1.1. we will be entitled to withhold delivery of Services until payment is up to date;
10.1.2. we will add interest to your account on a daily basis from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time; and
10.1.2. any discount or other agreed promotional price change to the Fee will cease to apply and you will be responsible for payment of the full Fee amount.
10.1.3. If your payment is beyond 30 days overdue, we shall be entitled to instruct a collection or legal agent to seek recovery of the outstanding amount along with our reasonable costs incurred in taking such action.
11. Refund Policy
11.1. No refund policy shall apply to your purchase of the Service, including any deposit payment, save where a fault is found to exist.
11.2. In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Service then you agree to notify us in accordance with these Terms. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
12. Cancellation and Termination
12.1. You shall have the right to cancel your access to any Service by providing notice to us by email to rosaleanwork@gmail.com . In accordance with Clause 10, despite cancellation, you will not be entitled to a refund unless clause 12.2 applies.
12.2. Upon cancellation or termination pursuant to these Terms, all payments (including any future instalments) in respect of the Fee shall become immediately due and payable.
12.3. We reserve our rights to terminate our agreement and your access to the Services, with immediate effect, if you:
12.3.1. commit a material breach of your obligations under these Terms; or
12.3.2. fail to provide payment of any sum due to us as and when it becomes due;
12.3.3. become subject to a bankruptcy or similar financial order or proceedings affecting your or, where applicable, your business;
12.3.4. act or behave in a way which we reasonably consider may have a detrimental effect on our business or reputation;
12.3.5. fail to positively engage with the Services or impair the delivery of the Services; or
12.3.6. fail to abide by any of these Terms or any other guidance we may provide whether such action constitutes a material breach or not.
12.4. Upon termination for any reason:
12.4.1. all terms which either expressly or by their nature relate to the period after the Services have been delivered or terminated shall remain in full force and effect; and
12.4.2. you will no longer be entitled to access or use any private groups, Sessions, or Content, unless we have expressly agreed in writing otherwise; and
12.2.3. you shall cease to use, either directly or indirectly any Content and/or Confidential Information belonging to us and shall immediately destroy or return to us any copies in your possession.
13. Complaints or Concerns
13.1. If you have any concerns about our Website or our Services, you agree to let us know by email to rosaleanwork@gmail.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claim.
13.2. If you experience a fault or other issue with our Service please let us know immediately by email to rosaleanwork@gmail.com We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau or solicitor.
14. Confidentiality
14.1. It’s important to us to create a safe and secure space for everyone accessing our Website, our groups and our Services and that is why we agree that when you disclose Confidential Information to us, we will not communicate or disclose it, make it available to others, or use it for our own purposes without your consent.
14.2. If we disclose Confidential Information to you, or where it is disclosed by another individual accessing our Website, our groups or our Services, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it and that you will not share it or use it in any way other than as part of your use of the Services as intended by these Terms and Conditions.
14.3. For the purposes of these Terms, Confidential Information shall mean ideas, know-how, business practices (where applicable), customer/client details, concepts and techniques, plans, trade secrets, personal information and other confidential and/or proprietary information (“Confidential Information”). It excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.
14.4. If we provide you with access to materials, information, resources, data and/or other content as part of your use of our Website or your purchase of our Services (“Content”), you agree to only use it in connection with your use as intended by these Terms or the Services and not to copy, disclose, share or otherwise use it for any commercial reasons without our express consent.
14.5. Our obligations shall not apply where it’s necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, to deal with any payment disputes with third party providers, where we have been directed to do so by a court or other body of equivalent jurisdiction or where we reasonably believe you are at risk of danger to yourself or others.
15. Our Intellectual Property
15.1. We take the protection of our Intellectual Property Rights in relation to our Website, Content and Services very seriously. When you purchase any Services, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use any Content we provide to you solely for the purposes as intended by the Services and these Terms. All other uses are strictly prohibited.
15.2. When you purchase our Services you agree and undertake that from the date of purchase that you WILL NOT:
15.2.1. copy, reproduce, sell, license, share or distribute any of our Content, whether during the period of provision of the Services, or at any time thereafter;
15.2.2. record any webinars, online or in-person events, videos, Sessions or any Content;
15.2.3. infringe any of our copyrights, patents, trademarks, trade secrets or other intellectual intellectual property rights or any such rights belonging to another individual accessing the Services.
15.3. All content displayed on our Website and on or within our social media channels, which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, software and any other resources and information (“Materials”) belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within those Materials (and any and all derivatives of it) is owned exclusively by or licensed to us and is protected by intellectual property laws applicable to the United Kingdom. When you access or use our Website you agree not to copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of our Materials or assist others in carrying out any such activities without our express written permission.
15.4. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
15.5. In the event of your breach of these obligations then damages, loss, or irreparable harm may arise and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you.
15.6. The provisions above shall continue in force notwithstanding termination for any reason.
16. Your Personal Data and how we use it
16.1. Personal data in these Terms means any information which is capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
16.2. Any Personal Data you provide to us during your use of our Website or social media channels or when purchasing or accessing our Services will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Website or our Services or to comply with any necessary obligations and shall retain it only for as long as reasonably necessary and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.rosaleanbatool.com/privacypolicy.
16.3. As part of the delivery of the Services your image may be recorded in photographs, images or screenshots by us or other individuals accessing the Services and shared on social media. By purchasing our Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at https://www.rosaleanbatool.com/contact-page/
17. Access and use of advanced hypnotherapy services
17.1. As part of your access to our Website, groups or our Services you may have the opportunity to benefit from access to advanced hypnotherapy services or hypnotherapy related information or materials.
17.2. Rosalean Batool is trained in advanced hypnotherapy and is certified and insured to provide such treatment. Whilst we are advocates of the benefits that can be experienced through hypnotherapy treatment, results can vary and are not guaranteed. Any Services that we provide which include hypnotherapy are not a substitute for psychological therapy or counselling and you should seek the services of a qualified or licensed professional where such support is required.
17.3. At all times during your access to our Website, groups or Services you remain fully responsible for your own health and well-being. Any access to hypnotherapy or other products or services are an alternative or complementary form of care and not a replacement to any existing medical treatment that you are undergoing or may require. You agree that should you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner.
17.4. We are not qualified medical practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or health conditions. If you require information or assistance concerning any medical or health related issue then you should seek the advice of your qualified medical practitioner.
18. Acceptable Use of our Website
18.1. You may only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms and in particular:
18.1.1. you must ensure that you comply fully with any applicable local, national and international laws, guidance and regulation;
18.1.2. you must not use our Website or other social media channels in a way which is unlawful and/ or fraudulent;
18.1.3. you must not use our Website or any of our social media channels to transmit data that contain any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software;
18.1.4. you must not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way;
18.1.5. you must not try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website;
18.1.6. you must not use our Website or any of its content for any commercial purposes or benefits without first obtaining our express written permission or licence if applicable;
18.1.7. you must not use our Website for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
18.2. You are permitted:
18.2.1. to view the Website in a web browser;
18.2.2. to download or print any free resources which are explicitly marked suitable for download;
18.2.3. to download the Website or parts of it for caching;
18.2.4. to post to our Website or social media channels where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you.
18.3. In the event of any breach of this clause, we reserve our right to immediately terminate your use and access of our Website along with the immediate termination of any services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.
18.4. Where we offer a free resource on our Website or through our social media channels, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.
18.5. Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user of our Website or social media channel or that may cause damage to our business or reputation. In the event it is determined that you have posted any content or information in breach of this sub-clause then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law.
18.6. Where you choose to post any content or information as set out above you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.
18.7. We reserve the right to suspend or terminate your access to our Website or our social media channels where we determine that you are in material breach of this Clause or any other conditions contained within these Terms. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.
18.8. You may link to our Website provided the following conditions are met:
18.8.1. you have obtained our written permission;
18.8.2. the link is undertaken in a fair manner;
18.8.3. the link is owned by you;
18.8.4. the link is not unlawful and does not damage our reputation or seek to take advantage of it;
18.8.5. the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and
18.8.6. you do not use any images, logos, trademarks, branding details or other content displayed on our Website without our express written permission.
18.9. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.
19. Reviews and Testimonials
19.1. If you share testimonials, reviews, comments, information, graphics or images (“Client Content”) with us you are granting to us, free of charge, permission to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, that Client Content in any way as we reasonably require within our business or to lawfully promote our business. You can amend your consent at any time by emailing us.
19.2. When sharing Client Content you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
19.3. These provisions shall survive termination.
20. Non-solicitation and non-competition
20.1. For the duration of your access to the Services and for a period of 12 months afterwards you agree NOT to:
20.1.1. canvass, promote or advertise your products or services to any of our employees, contractors, any individual who has purchased our Services (“Client”) or who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Services to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld; and
20.1.2. not employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Services, without our express consent in writing, such consent not to be unreasonably withheld.
21. Liability
21.1. Your use of our Website and/or any purchase of our Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
21.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
21.2.1. any indirect, consequential or special damages, losses or costs;
21.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
21.2.3. any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control;
21.2.4. any losses arising from your choice of Service requested or your use of the Services once delivered; or
21.2.5. any losses or damages arising from your use of our Website or the use or reliance upon any Content or other information found on our Website.
21.3. We do not warrant or guarantee that your access to the Services will be:
21.3.1. accessible via your particular hardware or software;
21.3.2. free from interruptions or errors;
21.3.3. free from defects;
21.3.4. suitable for your particular personal situation or circumstances.
21.4. Should you incur damages due to our default or breach, our entire liability is limited to the amount of the relevant purchase Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Services.
21.5. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or limit your legal rights as a consumer (where applicable). If you are a consumer and you’d like further information concerning your legal rights please contact your local Citizens Advice Bureau or solicitor
21.6. Our Website and any systems and processes used to deliver the Services are provided on an ‘as-is’ and ‘as available’ basis. We shall not be liable for any lack of accessibility to the Services caused by changes, amendments or routine or unexpected maintenance.
21.7. We shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software. We accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your use or access to our Website.
21.8. Our Website may contain links to other websites. We are not responsible for these websites and they are not under our control. We have no knowledge of the privacy policies and practices of those sites, their site content, or whether cookies or other tracking devices are used and therefore we do not accept responsibility for, nor any liability in connection with, these third-party websites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies and terms of use of those sites before accessing them or disclosing any personal information.
21.9. We shall not be liable where we’ve informed you of a problem with the Services and provided a free update and you’ve failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
21.10. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
20.10.1. any of these Terms;
20.10.2. your use or participation in any way in any way with the Services.
21.11. During the term of your access to the Services, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
21.12. In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.
22. No Guarantee
22.1. When purchasing the Services you will have access to Content designed to benefit you but it’s your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
22.2. We have made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.
22.3. All information provided on our Website is provided for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure and check that any Content, goods or Services available on or through our Website satisfy your specific expectations or requirements.
22.4. We make no warranty, guarantee or representation that the Website or any Content is:
22.4.1. accurate, up to date or free from any errors or inaccuracies;
22.4.2. accessible and/or compatible with your hardware and software;
22.4.3. not capable of infringing any third-party rights; or
22.4.4. suitable to meet your required expectations or needs.
22.5. Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our products or services.
23. Contact between us
23.1. All communication between us will be via telephone or email as agreed.
23.2. We will communicate with you via telephone or email as agreed using the details email address you provide to us so please ensure you notify us if they change.
23.3. If you need to provide us with any notice, or you wish to contact us please email us at rosaleanwork@gmail.com
24. Updates or changes to our Services or Terms and Conditions
24.1. We reserve to make changes to these Terms at any time and we will display a notice of any changes on our Website. It shall be your responsibility to check for any updates. Your first use of our Website after the date of any alterations or amendments will constitute acceptance of such changes therefore, we recommend you review these Terms regularly to keep informed of any changes.
24.2. We reserve the right to make changes to our Services, in whole or part, as we reasonably require without notice to you. If we make changes, we’ll ensure the Service still matches the original description or we’ll offer a reasonable alternative, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Services.
25. General
25.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.
25.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
25.3. We’ll make every effort to deliver the Services in accordance with these Terms but we’ll not be liable for any delay or failure caused by an act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then time for delivery of the Services shall be extended until a reasonable time after the Event and under no circumstances will we be liable for any loss or damage suffered by you as a result.
25.4. If an Event arises, we’ll email you to confirm the nature and extent of the Event and any steps we are taking to mitigate its impact and effect.
25.5. If the Event continues for longer than 6 months then either one of us shall be entitled to terminate by providing 14 days’ notice. Termination in these circumstances shall be without prejudice to the rights of either party in respect of any breach of these Terms occurring prior to termination. Any refunds will be considered at our discretion.
25.6. This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
25.7. You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.
25.8. Save as provided for in clause 21.11 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Last updated: August 2022
Cookies
COOKIE POLICY
What's a cookie?
•A "cookie" is a piece of information that is stored on your computer's hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
•Cookies are used by nearly all websites and do not harm your system.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
How do we use cookies?
•We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.
•Cookies are either:
- Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
- Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. [We use persistent cookies for Google Analytics.]
•Cookies can also be categorised as follows:
- Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
- Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
- Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
Last updated: August 2022