Terms and Conditions

  1. INTRODUCTION

    1. Welcome to www.stressbusting.co.uk or www.stressbusting.com (“Site”), which is/are owned and operated by Zonkly Limited (‘Zonkly Limited’, ‘we’, ‘our’ or ’us’ as applicable). (See the end of these Terms & Conditions for contact details.)
    2. These terms and conditions together with our Privacy Policy (“Terms”) govern your use of the Site and any content that we make available to you via the Site.
    3. We may make the Site available through a number of channels and/or other website addresses including via www.stressbusting.co.uk and www.stressbusting.com. Consequently, any reference to the “Site” in these Terms includes any version of the Site regardless of the channels and or alternative addresses through which it is accessed.
    4. Please read these Terms before using the Site, as by using the Site you are agreeing to be bound by these Terms. If you do not wish to be bound by what you read, you should not use or access the Site.
    5. If you have any queries or concerns regarding these Terms, please contact us at admin@stressbusting.co.uk.
  2. USING THIS SITE

    1. You are free to browse the Site without registering. However, to obtain the full benefit of the Site’s facilities, such as to receive our newsletter, you will need to register your email address with the Site.
    2. You must ensure that all the information you provide when you register with the Site is true, accurate, current and complete in all respects.
    3. You confirm that you will treat your registration details as confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email to admin@stressbusting.co.uk.
  3. YOUR PRIVACY AND USE OF COOKIES

    1. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.
    2. Like many online services we use a feature called a ‘cookie’, which is a small data file that is sent to your browser from a web server and stored on your device’s hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy however, you may delete any of these cookies at any time if you wish. Please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can withdraw your consent to the use of certain cookies and the consequences of doing so.
  4. ABOUT www.stressbusting.co.uk/www.stressbusting.com

    1. We provide news and information about stress therapies, stress relief and stress in general, as well as interactive tests designed to help you gauge how stressed you are personally, or to suggest stress therapies that might be appropriate to your symptoms or personality an lifestyle, based on your answers to these tests.
    2. We do not have any involvement in or responsibility for the arrangements you make with others through the Site etc.
  5. THIRD PARTY WEBSTORES

    1. Certain products listed for purchase through the Site are made available via a ‘webstore(s)’ operated by a third party such as Amazon. If the products listed for sale on the Site are made available through such webstores, we will indicate this clearly on the Site, for example by stating “powered by [third party name]”.
    2. Although some features of these webstores may be integrated and therefore presented as part of our Site, please note that any your order you place through a webstore will be fulfilled by its third party operator. Your contract for those products will therefore be made directly with that third party and its terms and condition and not ours will apply to the sale of those products/services to you.
  6. OUR CONTENT

    1. Our content includes the pages on the Site, free and purchased downloadable products, such as ebooks, mp3 files, video files (“downloads”) that we make available through the Site and any information or other material found on or via the Site, including text, databases, graphics, images, videos, software and all other features on the Site.
    2. We make the Site, our content and any UCG available through the Site for your personal, non-commercial use only. You may view the Site’s pages and content online and may, where necessary print individual pages of the Site on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices.] You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, including downloads that you purchase from us, other than as expressly permitted under these Terms without our prior written consent. For further information specifically on how you may use any downloads you purchase from us, please see paragraph 6.4 of these Terms.
    3. To be clear, you are not in any circumstances permitted to:
      • make commercial use of any such content;
      • edit or modify any such content; or
      • remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

      Downloads that you purchase from this Site

    4. When you purchase a download from us, what you are buying is the right to use that download in the way we explain below for your own personal, non-commercial use only:
      • You may download one copy of each download you purchase for storage and use on your reading/listening system, which could be your computer, tablet, MP3 player, mobile phone, eBook reader or any other compatible electronic device that you own.
      • You may also download up to two further copies of the product for storage and use in the ways described above in this paragraph 6.4 but this is subject to the continued availability of the download product on the Site.
      • You may not and may not permit others to do any of the following things in relation to any download you purchase from the Site:
      • sell, loan, distribute, share or give the download to any other person including to your friends;
      • communicate to the public, publicly perform, transmit, broadcast or use the download for any promotional purposes;
      • translate, modify, adapt or create any derivative works of the download;
      • [print-on-demand or copy or burn the download to a device whose principal function is to act as a storage device, for example, a CD/DVD or USB stick;]
      • remove or in any way amend or tamper with any copyright or trade mark notice or other identifier contained in or appearing on the download;
      • [interfere with, remove, alter or circumvent or attempt any of the actions listed in this paragraph above in respect of any of the security measures and technology (including rights or identification management and copyright protection technology) used in connection with the download or take any other action that may infringe any rights of the copyright owners of the download;]
      • make any use of the download in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in paragraph 6.4 above.
    5. Please be aware that if you use any download you purchase in a way other than is specifically permitted under these Terms, you may be infringing copyright or other rights and therefore may be exposed to civil and/or criminal legal action.
  7. ABOUT CONTENT YOU AND OTHER USERS CONTRIBUTE TO THE SITE

    1. Any content which you and other users post, upload or otherwise contribute to the Site using its community features is generally known as “user generated content” or “UGC” for short. Paragraph
    2. s 7.4 to 7.5 below set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC. [Your UGC includes any blog posts, article or comments that you post on the Site and any photos or other images you upload].
    3. Obviously we positively encourage users to make full use of the Site and in particular to participate in the Site’s community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by these rules.
      Community rules
    4. The following rules apply to your use of the community features contained on the Site. Please see paragraph 13, Promises, Liability and Disclaimer, for details regarding your responsibility in respect to UGC.
    5. You will not:
      • post material that is unlawful, obscene, defamatory, threatening or that infringes the intellectual property rights or other rights of others;
      • post or transmit any harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion;
      • modify or otherwise interfere with any other user’s content;
      • post advertisements for, or solicitations of, business;
      • after receiving a warning, continue to post comments that are not related to the topic being discussed or the subject matter of the Site (as applicable);
      • post chain letters or pyramid schemes or any other form of solicitation;
      • impersonate another person or otherwise misrepresent your affiliation with a person or entity or harass another person;
      • post or transmit any files containing viruses or other harmful computer code or any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • harvest or otherwise collect or use information about others without their explicit consent;
      • allow any other person or entity to use your identification for posting or viewing comments;
      • post the same note more than once or “spam”; or
      • engage in any other conduct that restricts or inhibits any other person from using or enjoying any area of the Site, or which, in our judgment, exposes us to any liability or detriment of any type.
    6. We reserve the right (but we are not obliged) to do any or all of the following:-
      • record the communications that are posted to us;
      • investigate a claim that any one or more communication does not conform to the terms of this paragraph 7.5 or otherwise with these Terms and determine in our sole discretion what action to take in respect of such communication;
      • delete without notice communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
      • terminate a user’s registration with the Site;
      • monitor, edit, or disclose any communication to Site; and
      • edit or remove any communication(s) posted on the Site, regardless of whether such communication(s) breaches these Terms.
    7. Please note that if you would like to contribute a blog post or other article that you have written to the Site, such contributions must also adhere to our Contributor Guidelines which contain rules relating to, among other things, the content, format and layout of your submissions. Please refer to our Contributor Guidelines for details of these rules. We reserve the right not to publish any submission that does not conform to those guidelines.
  8. TERMINATION OF YOUR REGISTRATION

    1. In the event that you have, or we have reason to believe that you have, or will breach these Terms, we may terminate or suspend your registration and/or access to the Site and/or to any content.
    2. [We reserve the right to cancel or suspend the services we provide on the Site for any reason unrelated to any breach of these Terms by you.]
    3. Your termination of your account or our termination or suspension of access to your account or content, does not affect the use of and restrictions of use of any content that you have downloaded (see paragraph 6, Our Content), which shall continue in full force and effect.
  9. DORMANT ACCOUNTS

    1. We reserve the right to delete your account and any personal information (including UGC associated with your account) if there is no activity on your account for more than three consecutive months.
  10. INTELLECTUAL PROPERTY

    1. You acknowledge that all copyright, trade marks and all other intellectual property rights in the Site and in the content made available via the Site, shall at all times remain vested in us or our licensors. For further information on how you are permitted to use any content that you access from or via the Site, please see paragraph 6, Our Content.
    2. No permission is given to use any of the trade marks appearing on the Site, including without limitation our trade marks or those of our licensors.
  11. THIRD PARTY SOFTWARE

    1. You acknowledge that you may need to download and activate third party owned software in order to access selected content on the Site, including any downloads you purchase from the Site. This software will be clearly identified on the Site.
    2. In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
  12. LINKS

    1. The Site may include links to third party websites (e.g. third party video hosting websites). We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
    2. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. In particular, any personal information you give to a third party website will be dealt with in line with that third party’s privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information.
    3. You may link from your own website [or when posting using your account with a social media service,] to the Site, provided:
      • [you link to our homepage only and do not ‘deep link’ to any other page or file hosted on our Site;]
      • the Site is not loaded into frames on your website or using in-line linking techniques or similar methods and is not otherwise passed off as your own content; and
      • your website, service or post does not misrepresent its relationship with us or present false information about us.
    4. We may from time to time make available approved Application Programming Interfaces (“APIs”) that permit you to interface with the Site and access certain content directly. Additional terms and conditions may apply to the use of APIs which we will make available on the Site. You may not otherwise systematically scrape, retrieve or otherwise gather by electronic means any data or other content from our Site to monitor, access, copy, create, acquire or compile – directly or indirectly, in single or multiple downloads – a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, robots or spiders, or any automatic devices, programs, algorithms or methodologies or otherwise without first obtaining our written permission.
    5. [You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code for the purpose.]
    6. We reserve the right to withdraw linking permission at any time without prior notice.
  13. PROMISES, LIABILITY AND DISCLAIMER

    1. We promise that we will operate the Site with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
      • We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site nor in any link, document, file or other content made available through it and you should not rely on it being accurate, truthful or complete.
      • We are not responsible for verifying the ownership of any content posted or uploaded onto the Site.
      • Any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
      • You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, nor control over, the particular purpose(s) for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only [ and should not be regarded as a substitute for taking professional medical advice or receiving medical care by a qualified doctor or other appropriately qualified health care professional such as a therapist. You should always consult with your doctor if you have any concerns about your condition, treatment or health generally as they will be trained in the observation and interpretation of symptoms and will be able to provide a proper diagnosis based on a knowledge and understanding of all aspects of your condition and your medical history.] Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
      • By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
        • We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
        • We are not responsible for any data or information uploaded by any users or visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so;
        • We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
        • Any decision about your health or medical care based solely on information obtained from the internet could be dangerous. Whilst we hope that you will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
    2. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
      • for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation;
      • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
      • defective products under the Consumer Protection Act 1987; or
      • any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
    3. You have certain rights as a consumer, including legal rights relating to faulty or misdescribed products. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
    4. We will not be responsible or liable:
      • for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption; or
      • if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
    5. Subject to paragraph 13.2, if either we or you fail to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. Losses are foreseeable where they were contemplated by you and us at the time we accept an order that you have placed or, in all other circumstances, at the time you accept these Terms.]
  14. INDEMNITY

    1. You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any material that you post to the Site or any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
  15. WRITTEN COMMUNICATIONS

    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  16. GENERAL

    1. Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
    2. Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
    3. References to “including” and other similar expressions. In these Terms, words that appear after the expression “include”, “including”, “other” “for example”, “such as” or “in particular” (or any similar expression) will not limit the meaning of the words appearing before such expression.
    4. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
    5. Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
    6. Exclusion of Third Party Rights. These Terms do not create any right enforceable by any person who is not a party to them or any contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
    7. Governing Law and Jurisdiction. The contract between us will be concluded in English. Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the law of England and Wales. If a dispute arises out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 14 days of the dispute arising or if we both fail to agree terms of settlement within 30 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.
  17. CHANGES TO THESE TERMS

    1. We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
  18. COPYRIGHT COMPLAINTS

    1. We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
    2. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please refer to our Copyright Infringement and Takedown Procedure, or, if unavailable, then email us direct at admin@stressbusting.co.uk.
    3. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyrights.
    4. Content hosted on third party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
  19. GENERAL COMPLAINTS AND REQUESTS FOR FURTHER INFORMATION

    1. If you have any general complaints or wish to request further information about the Site, please contact us via email at admin@stressbusting.co.uk or by post to Regina House, 124 Finchley Road, London NW3 5JS, and we will do our best to resolve these.
  20. CONTACT US

    1. This Site is owned and operated by Zonkly Limited, a company incorporated in England. The registered office address of Zonkly Limited is Regina House, 124 Finchley Road, London NW3 5JS, and we will do our best to resolve these.
    2. Our registered company number is 8233489