Terms and Conditions
These terms and conditions (“terms”) apply to your use of this web site and any purchase you make.
You may print a copy of these terms and conditions. We recommend that you do this and keep the copy for your future reference.
If you do not agree to the terms and conditions below and/or our processing of your personal data in accordance with these terms and conditions, please do not place an order with us.
|In these Terms, the following words have the following meanings unless the context requires otherwise:|
|“Contract”||means any contract between You and Us incorporating these
Terms for the supply of Products and Services
|“Director”||means DVD Partners LLC|
|“Liability”||means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities|
|“Products”||means any and all products ordered from Us by You|
|“Physical products”||means tangible products ordered from Us by You including, but not limited to books, CDs and DVDs|
|“Electronic products”||means intangible products ordered from Us by You including, but not limited to products delivered by electronic methods such as email and podcast subscriptions|
|“We, Us, Our”||means DVD Partners LLC|
|“Web Site”||means http://www.HighOctanefortheMind.com|
|“Services”||means any and all products and services ordered from Us by You and includes any membership which may be offered to restricted areas of the Web Site as and when made available|
|“You, Your, Yourself”||means the person whose order for Products and/or Services is accepted by Us.|
1. About Us
High Octane for the Mind is owned and operated by DVD Partners LLC, 2365 Rice Blvd, Suite 215, Houston, TX 77005.
2. About You
By placing an order through this Web Site You warrant that You are at least 18 years old and capable of entering into binding contracts. You further warrant that you understand and agree to be bound by these Terms.
3. Terms and Conditions
3.1 These Terms govern the supply of Products and Services to You.
3.2 It is Your responsibility to ensure that Your use of the Web Site and the purchase of the Products and/or Services is legal in the country in which You are resident and/or in which You are viewing this Web Site.
4. Basis of Contract
4.1 These Terms and any document or disclaimer referred to in them represent the entire agreement between You and Us in relation to the supply of any Products and/or Services via the Web Site.
4.2 These Terms supersede all previous terms and conditions, prior agreements, representations, understandings or arrangements and shall replace any terms and conditions previously available on this Web Site or notified to You. You acknowledge that in entering into a Contract with Us You have not relied upon any representation, undertaking or promise previously given or implied from anything said in negotiations or otherwise prior to such Contract save as is expressly set out in these Terms.
4.3 Our employees, sub-contractors and/or agents are not authoriszd to make any representations or warranties concerning the Products, Services (including without limitation any membership offerings) and/or the Web Site unless confirmed by a Director in writing.
4.4 No oral representations or warranties shall bind Us unless given by a Director.
4.5 We have the right to modify, vary or amend these Terms from time to time. No variation to these Terms shall be binding on Us unless agreed in writing between You and a Director in advance of Your order.
4.6 We shall put a notice on our homepage when these Terms have been updated. You will be subject to the terms and conditions in force at the time that You order Products and/or Services from Us. However, the provision of our on-oing Services such as any membership offered will be subject to the updated terms and conditions in place from time to time and accordingly, it is Your responsibility to read and review these Terms from time to time so that You are fully aware of any changes. Your purchase of Products and/or Services and/or continued use of the Web Site and/or, where applicable, Your continued membership of the Web Site or part thereof shall be deemed to be Your acceptance of any modification or variation which has been made.
5. Orders and Contracts
5.1 We have the right to refuse to accept any orders placed for Products and/or Services. Your order for Products and/or Services constitutes an offer to Us to buy those Products and/or Services and shall only form a binding Contract when We send Our order confirmation to You by email.
5.2 You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. Our ordering process on the Web Site will provide You with instructions on how to correct any input errors.
5.3 You must inform Us of any errors in Your details within 24 hours. Due to the fact that we will endeavour to deliver Your Products to You very quickly, You have a period of 24 hours from confirmation of Your order to correct any errors in Your order by contacting Us via email at info@HighOctanefortheMind.com.
5.4 Physical products such as books are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You).
5.5 We try to ensure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible and it will be corrected.
5.6 Please note that any details and/or specifications for the Products and/or Services produced by Us (including any photographs of the Products) are intended as a guide only to give a general approximation.
5.7 We keep copies of all orders We receive and accept for a period of 3 years from the date of the order. This enables Us to process orders effectively, maintain high levels of customer service and deal with quality issues should they arise.
5.8 We may have Special Offers on Our Website from time to time, which, in the event of any dispute regarding the Rules, conduct, results and all other matters relating to these matters, the decision will be left to the management of Our Website. No correspondence, beyond reason, or discussion shall be entered into relating to any disputes.
6. Subscription Membership
6.1 If you purchase a subscription product, we offer membership to a restricted area of this Web Site so you can manage your subscription details, personal details and payment details. To become a member (where this Service is offered) You need to fill out Your details online. This will constitute Your application. We will grant membership to the Web Site once Your application has been processed by notifying You that You have been successful and You will be given a user name and allocated a password. A binding Contract for access to the members’ only section of the Web Site will only be formed when We send You Your user name and password.
6.2 You must use your username and password to access the Members’ only section of the Web Site. You must keep this user name and password safe and secure as You are responsible for any actions committed using this user name.
6.3 You undertake to ensure that Your use of the Web Site is legal, honest, decent and truthful and does not offend any individual or section of society. You must also read and make sure you comply with the rules of use contained in these Terms. If You breach the rules governing Your use of the Web Site, We may revoke Your membership with or without notice and Your user name and password will be de-activated.
6.4 The materials contained on and accessed via the Member’s only section of the Web Site and the Web Site generally are for reference only. You may print copies for Your information but these documents are only for Your own personal use, nobody else’s.
6.5 The availability of the Web Site is outside Our control and dependent upon third party providers. You acknowledge that Your use of the Website including the Member’s only section may not be free from interruption.
Any Products purchased are for Your personal use and the use of the designated recipients of a Family, Gift or Corporate package. The Products cannot be resold.
8.1 Dates and times for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates.
8.2 As a general rule, We will dispatch the Products to You on the same day as We accept Your order (subject to physical Products being in stock) or the next working day fro physical products if Your order is placed outside of our normal working hours.
8.3 Other than those conditions outlined in the Cancellation, Refund and Return Policy <dean, link to an anchor at the bottom of the page> below, You have no right to reject Products and have no right to rescind for late delivery unless the due date for delivery or any subsequent date which has been notified to You has passed beyond 14 days.
8.4 We shall not be required to fulfill orders for physical Products in the sequence in which they are placed.
9. Prices and payment
9.1 The price for Products and Services shall be as shown on the Web Site at the date of Our acceptance of Your order.
9.2 Unless otherwise stated, all prices are inclusive of sales tax. Outside of the US and Canada, customers may be charged Import Duties on shipments of physical products. These are charged by local Customs and are beyond our control. Any Import Duties are the responsibility of the customer.
9.3 Payment is due at the time You place Your order:
9.3.1 If you are ordering online via the Web Site, We use a third party to take Your payment by debit or credit card. When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant. The credit card merchant will check and store Your data in order to process Your payment details. We have imposed obligations on our credit card merchant to protect the security and safety of Your data. In respect of each credit or debit card transaction, We strongly advise that you print and retain a copy of the card transaction in an accessible place for future reference;
9.3.2 We will not accept Your order and the Contract will not be concluded until such time as We receive confirmation from Our credit card merchant that Your payment has been authorized and/or We have received payment in full in cleared funds.
9.3.3 If for any reason payment in full is not made, We may withhold or suspend delivery of Products or, as the case may be, Services.
10. Property and risk
Risk in the Products shall pass to You at the time of delivery. For physical products, delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.
11. Faulty physical products
11.1 If You discover that a physical Product is faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
11.2 We may ask You to return the faulty physical Products to Us for inspection before We send You a replacement. If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.
12. Data Protection
13.1 We shall have no Liability to You for any loss of profit, business, revenue or income, loss of anticipated savings, lost data, damage to goodwill, business interruption, economic and/or other loss which, at the time You entered in to this Contract was not a reasonably foreseeable consequence of Us breaching these terms and conditions, for example, if You and/or We could not have contemplated such losses before or when we entered into a Contract.
13.2 Nothing in these Terms shall limit or exclude Our Liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent, have no force or effect.
13.3 We do not guarantee that the Web Site will be compatible with Your PC and We accept no Liability for any corruption and/or loss of data held on Your PC, or any Liability for any other loss or damage of any kind caused to Your PC resulting from use of the Web Site.
14.1 No waiver by Us of any breach of any Contract by You and/or the failure by Us to exercise any rights or remedies to which We are entitled shall be considered as a waiver of any subsequent breach of the same provision or other provision or of Our rights or remedies and shall not relieve You from compliance with such obligations.
14.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
14.3 We shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including acts of God, denial of service attacks, internet disruption, non performance by suppliers or subcontractors, war, flood, fire, labour disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
14.4 All third party rights are excluded and no third party shall have any right to enforce a Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.
14.5 Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact Us at info@HighOctanefortheMind.com.
16. Cancellation, Refund and Return Policy
16.1 Physical products
16.1.1 All sales are final and there are no refunds unless at the time of acceptance of delivery You find the products to be damaged. In this event, we will refund all costs incurred as well as the cost to ship products back to us. You would be required to contact us at info@HighOctanefortheMind.com to arrange for an exchange.
16.1.2 We are not able to entertain any claims of fraudulent transactions pertaining to the purchase of our products unless products are returned within 48 hours of delivery in good resalable condition and the packaging is not opened and product is unused. A proof of delivery must be emailed to us at info@HighOctanefortheMind.com within 48 hours of receiving the products if you claim that you did not make the purchase. We will refund you in full if it is proven that it was indeed a fraudulent transaction by virtue of a third party using your card details to make the purchase.
16.2 Electronic products
16.2.1 After the 21-day free trial period has expired, since these are non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
16.2.2 Therefore, we DO honor requests for the refund in the following instances:
126.96.36.199 Non-delivery of the product: due to some mailing issues of your email provider or your own mail server you might not receive a delivery email from us. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to info@HighOctanefortheMind.com within 7 days from the order placing date. Otherwise the product will be considered received and downloaded;
188.8.131.52 Download issues: it may happen so that you are having problems while downloading the product . Claims regarding such issues must be submitted to info@HighOctanefortheMind.com . If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading within 3 days may result in a refund decline;
184.108.40.206 Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to info@HighOctanefortheMind.com for our Support Team’s approval. We maintain the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered.
220.127.116.11 Product not-as-described: such issues should be reported to info@HighOctanefortheMind.com within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
18.104.22.168 Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
16.2.3 Should you desire to stop receiving your subscription to electronic Products, simply log in to the member’s area at www.HighOctanefortheMind.com and click the “Cancel this subscription” link. Please note that this will stop you and all of your Family or Gift package recipients from receiving the subscriptions but it will not constitute a refund as outlined in section 16.2.1 above. However, during the 21-day free trial period, your credit card will not be charged.
Our Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for purchasing our products.