- Declarations
- Restrictions of Use
- Indemnity
- Disclaimer
- Advice
- Copyright
- Agreement of Services and Delivery
- Price of Service
- Privacy Declaration
- Disclaimer
- Disputes
- Other
By using the NOSMOKINGAGAIN™ website, either as a visitor or a user of the hypnotherapy session, you are deemed to have read, understood, agreed and are bound by each of the Terms & Conditions of Service as listed below in this electronic document. "Terms & Conditions of Service" means the list of conditions, clauses & sub-clauses contained in this document. These Terms & Conditions are the sole binding agreement/contract between NOSMOKINGAGAIN™ and You: the Visitor or The User of our on-line or downloadable Hypnotherapy Service. "Liability" means Liability for any and all damages, proceedings, actions, claims, costs and any other losses and/or liabilities. "Service" means the service delivered by NOSMOKINGAGAIN™ to You the Visitor or The User of our on-line or downloadable Hypnotherapy Service but not limited to the access to specific information about the Hypnotherapy Service. The Service consist of assistance for smokers by means of a Clinical Hypnotherapy session that can be downloaded or used on-line with the sole aim to cease smoking of tobacco products. "User" means any person who has entered the site and agrees to use our Hypnotherapy Service with the aim to give up smoking and for no other reason. After becoming a non smoker You, the User, are indebted to NOSMOKINGAGAIN™ and agree to pay the fee indicated in the appropriate currency to his/her country or in case the country’s currency is not listed payment should take place in Pound Sterling or US dollars. "Intellectual Property Rights" relates to all, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
NOSMOKINGAGAIN™ means
NOSMOKINGAGAIN™ 36 Bulkeley Road, Wilmslow, Cheshire SK9 3WX.
"You or derived versions of You" means the person who wishes to use NOSMOKINGAGAIN™’s online or downloadable Hypnotherapy Service in order to become or to remain a non-smoker. These Terms & Conditions of Service set out the legally binding terms that are the basis for the use of our service.
These Terms & Conditions have been submitted as a binding agreement and are available upon request from our customer care department. We may modify the Terms & Conditions from time to time without prior notice, but you may always review the current version at http://www.nosmokingagain.com/page.php?id=5
This service is restricted to persons of 18 years of age or older than 18 years of age. When you accept the NOSMOKINGAGAIN™ Terms & Conditions of Service, NOSMOKINGAGAIN™ will automatically assume that you are 18 years of age or older. Underaged smokers wishing to undergo hypnotherapy will require consent from parents or guardians.
The service is only available to people who are of sound mind. Those who have been diagnosed with having a mental illness, mental problems or a mental disability should under no circumstances subject themselves to our hypnotherapy. When you accept the NOSMOKINGAGAIN™ Terms & Conditions of Service, NOSMOKINGAGAIN™ will automatically assume that you do not suffer any form of mental problems or mental illnesses. Those who are regularly prescribed any of the following drugs: Anticonvulsants, Mood stabilisers, Anti depressants, Psycholeptic and Psychoanaleptics are strongly advised to first consult and obtain approval from their doctors (GPs) before using our service.
The service is not available to those who have been diagnosed as being addicted to alcohol or drugs, as well as those who show tendencies of alcohol or drug dependency. Regular users of recreational drugs are strongly advised not to use our service. When you accept the NOSMOKINGAGAIN™ Terms & Conditions of Service, NOSMOKINGAGAIN™ will automatically assume that you are not addicted to alcohol, suffer from alcohol dependency in any form and that you are not addicted and/or dependent on recreational and/or prescription or over-the-counter drugs.
Any actions undertaken by You during the use of our Service that violate these Terms & Conditions or that are in breach of any article of British law are wholly Your responsibility. You therefore agree to indemnify and maintain indemnification of all shareholders, directors, management, subsidiaries, affiliates, employees, staff, partners and anybody else who is directly or indirectly part of the NOSMOKINGAGAIN™ organisation in whatever form, against all losses, damages, demands, awarded costs, claims, demands, expenses, administration & legal costs harmless from any loss, liability, claim, demand or legal fees, made by any third party due to or arising out of Your use of the Service in violation of these Terms & Conditions of Service.
NOSMOKINGAGAIN™ cannot be held responsible for any incorrect or inaccurate information, data or other content posted on our Web site. Any content or information entered by 3rd parties is not the responsibility of NOSMOKINGAGAIN™.
The NOSMOKINGAGAIN™ Clinical Hypnotherapy Session cannot and shall not be deemed to be used in whole or in part for any other purpose than smoking cessation. NOSMOKINGAGAIN™ cannot be held responsible for any deliberately or accidental incorrect or inaccurate use of the Hypnotherapy Session.
NOSMOKINGAGAIN™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User/Visitor communications.
NOSMOKINGAGAIN™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or other communication software on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from using the Service. Under no circumstances will NOSMOKINGAGAIN™ be responsible for any loss or damage, including personal injury or death, resulting from the use of the Web site or the Service. The Web site and the Service are provided "AS-IS" and NOSMOKINGAGAIN™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NOSMOKINGAGAIN™ cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
NOSMOKINGAGAIN™ will and cannot guarantee that users of our Hypnotherapy will succeed in smoking cessation. At the time of submission of these Terms & Conditions, to the knowledge and experience of the makers of this website, there have been no known cases of persons having suffered physical or psychological damage or problems as a result of Clinical Hypnotherapy in general and Stop Smoking Hypnotherapy in particular. By definition, the nature of Clinical Hypnotherapy dictates that people under hypnosis cannot be persuaded to act against their own interest. Based in the notion of self-regulated subconscious safety, NOSMOKINGAGAIN™ or its agents, staff, employees, or other persons connected to the company cannot be held responsible in any way, manner or form of any after effects or side effects incurred as a result of using our Hypnotherapy service.
Any questions from users will be answered as speedily and accurately as possible, based on the knowledge and information at the disposal of NOSMOKINGAGAIN™. Any answers provided by a member or members of NOSMOKINGAGAIN™ staff should not be interpreted as counselling in any form whatsoever or as specific advice to solve a problem or to take action in any particular circumstance. Users suffering from personal problems or seeking specific advice to their personal situation are urged to consult with a professional counsellor, GP or other qualified person specialised in their perceived or diagnosed problems. NOSMOKINGAGAIN™ and its staff and representatives shall be indemnified from any and all liability in relation to answering questions.
The NOSMOKINGAGAIN™ web site contains proprietary graphic and other materials, trademarks and features that are owned by NOSMOKINGAGAIN™ and its licensors and are subject to world-wide copyright. Except for data that is in the public domain or for which you have received written permission signed by one of the directors of the NOSMOKINGAGAIN™ organisation, you are prohibited from copying, modifying, publishing, distributing, transferring, broadcasting, displaying, or selling any such proprietary information.
NOSMOKINGAGAIN retains the right to use any feedback related to successful smoking cessation as a result of its hypnotherapy sessions for promotional purposes. NOSMOKINGAGAIN will under no circumstances divulge the full name or other details of the client in its promotional material but will only use the first name and first initial of the client's surname.
7. Agreement of Services and Delivery
NONSMOKINGAGAIN offers You its best efforts, based on proven medical and clinical Hypnotherapy techniques, to assist you in your quest to cease smoking tobacco products. NOSMOKINGAGAIN™, expect You to subject yourself to its online or downloadable hypnotherapy session in order to allow the Hypnotherapist’s intentions of planting suggestions and creating neural pathways to be executed. Those suggestions are being planted in order to remove or significantly diminish Your addiction to or dependency on nicotine and removal an/or reduction the habit of smoking. You are legally bound to pay for this service at the price indicated.
The NOSMOKINGAGAIN™ on-line Hypnotherapy service is not a free service. Upon receipt of payment NOSMOKINGAGAIN™, commits to providing you access for downloading or online use of two hypnotherapy session aimed at securing that you will become a non-smoker non-smoker and to further assure you via suggestions that you will remain a non-smoker for the rest of your life. By deciding to using the NOSMOKINGAGAIN™ Hypnotherapy service, you are entering into legal agreement/contract, whereby if NOSMOKINGAGAIN™ assist you today or at some stage in the future in your cessation of smoking via its Internet website: www.nosmokingagain.com.
The price of the online or downloadable clinical hypnotherapy service, payable when You have decided that you have ceased your addiction or dependency on smoking tobacco products, is listed in several currencies: US$49.99 (US dollars), £32.99 (British Pound Sterling) or €39.99 (Euros). After payment has been received, You are entitled to two hypnotherapy sessions plus full instructions, which can be downloaded or listened to on-line”. You will be notified by e-mail of the URL for both hypnosis sessions. No guarantees are given in relation to its effectiveness nor do You, in the event of non-effectiveness, have any entitlement and/or claim to a full or partial refund.
NOSMOKINGAGAIN™ prices exclude VAT (value added tax) at the current UK/EU rate of 17.5%, which will be added to the fee price at the website’s checkout page.
Payments made by You are strictly non-refundable. By agreeing to these Terms & Conditions, You will automatically forfeit any rights of charging back the Credit Card Company for whatever reason for the services made available by NOSMOKINGAGAIN™. If You undertake such charge back action from the Credit Card Company, NOSMOKINGAGAIN™ shall pursue every avenue including County/State Court Judgements in order to obtain repayment of the charged back amount plus all incurred legal and other cost. Payments are only considered to have been made when NOSMOKINGAGAIN™ has received payment by credit card, in cash or when transferred funds and/or cheques totalling the required amount due, have been cleared.
In order to make a claim under the Money Back Guarantee scheme, NOSMOKINGAGAIN™ requires proof of smoking by the person who has been subjected to NOSMOKINGAGAIN™’s hypnotherapy.
Carbon Monoxide levels in the lungs and mesured after exhaling through certified equipment clearly assess whether a person is a smoker. Levels of Carbon Monoxide can be measure in accordance with the following clinical research project: Breath Carbon Monoxide as an Indication of Smoking Habit*
Edward T. Middleton, B Med Sci and Alyn H. Morice, MD + Author Affiliations *From the University of Sheffield (Mr. Middleton), Sheffield; and the University of
Abstract: Study objective: To assess whether the breath carbon monoxide (CO) concentration can be used to determine a patient’s smoking habits in a respiratory outpatient clinic.
Measurements and results: The mean (SD) breath CO levels were 17.4 (11.6) parts per million (ppm) for smokers and 1.8 (1.3) ppm for nonsmokers (p < 0.001).
The Money Back Guarantee Scheme requires proof of smoking in the following manner: Submission of original signed and dated affidavits from 2 individual doctors or medically trained personnel who have undertaken carbon monoxide tests using certified equipment on the person who was subjected to NOSMOKINGAGAIN™’s hypnotherapy, declaring that with the person subjected to NOSMOKINGAGAIN™’s hypnotherapy levels of carbon monoxide between 15.0 (10.2) parts per million (ppm) and 17.4 (11.6) parts per million (ppm) and above were detected, which tests were undertaken 2 days, 5 days and 14 days after the hypnotherapy took place. This proof guarantees without any doubt that the person in question is still a smoker and the claim of money back will be honoured in full. This submission of proof also prevents fraudulent claims.
In order to maintain contact with YOU, the user or potential user of our service, NOSMOKINGAGAIN™ will collect information from You. This information includes name, age, gender, e-mail address and smoking habits. This information is Private Information and shall not be divulged to any third party with the exception of at the payment stage our credit card company in order to validate whether the information is correct and to protect you from any fraudulent use of your credit card. No personal or other information is or shall be divulged to 3rd parties and or affiliated partners. ™
At the time of submission of these Terms & Conditions, there have been no known cases of persons having suffered any physical or psychological damage or problems as a result of any Clinical Hypnotherapy. The nature of Clinical Hypnotherapy guarantees that people under hypnosis cannot be persuaded to act against their own interest. Based in the notion of self regulated subconscious personal safety, NOSMOKINGAGAIN™ or its personnel, its owners, shareholders and representatives or other persons connected to the company cannot be held responsible in any way whatsoever of any after effects or side effects incurred as a result of using our Hypnotherapy service other than immediate or gradual cessation of the use of tobacco products.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives are not in any way responsible and as such cannot be held responsible for psychological or other problems as a result of smoking cessation.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives are not in any way whatsoever responsible and as such cannot be held responsible for the inaccuracy of any content of the NOSMOKINGAGAIN™ website.
Any inaccuracies, alterations, deliberately or accidentally deceptive information and other omissions, submitted by design or by accident by those who leave comments on the NOSMOKING website are the full responsibility of those who left the information.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives do not provide any warranty in respect of the Service, expected or perceived results, availability, and/or uninterrupted use of the Service.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives are not in any way responsible and as such cannot be held responsible for failures of and damage to of browser software applications, e-mail applications, web sites, computer hardware and/or peripherals.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives are not in any way responsible and as such cannot be held responsible for losses, failure or other damage, including personal damage, injury or death, resulting from the use of the NOSMOKINGAGAIN™ Web site and/or the Service.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for communication failure, delays and unauthorised access.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for malfunction of your computer hardware, modem, telephone line, software, operating system and/or peripherals.
NOSMOKINGAGAIN™, its personnel, its owners, shareholders and representatives cannot be held responsible in any way or by any means for damage, loss, injury, and/or death as a result of the use of our website.
If there is any dispute about or involving the NOSMOKINGAGAIN™ Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions in any other country but the United Kingdom. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
This Agreement, accepted upon ticking the box indicating that the Terms & Conditions of Service have been read, understood and agreed with, includes the entire agreement on Terms & Conditions between You and NOSMOKINGAGAIN™ regarding the use of the NOSMOKINGAGAIN™ Web site and/or the Service. If any provision of this Agreement is proved invalid, the remainder of this Agreement shall continue in full force and effect.
Please Contact NOSMOKINGAGAIN™ with any questions pertaining the above Terms & Conditions.
NOSMOKINGAGAIN is a trademark and is subject to all worldwide copyright restrictions.
