Terms and Conditions of Use

1.1RestSpace is provided to you only on the terms described in these Terms and Conditions of Use. If you access and use RestSpace, whether as such (by means of free access) or by taking up full membership, you agree to being bound by all of the terms and conditions outlined on this page (“Agreement”). You consent in the same manner as if you had signed a written agreement. We strongly advise you to read all of these terms carefully and review them in detail before accessing or using RestSpace in any capacity. If you do not agree to any of the terms outlined here, then we are unable to agree to you using RestSpace.

1.2The terms “we”, “us” or “our” refer to the Company. The terms “you”, “your” or “user” refer to the individual accessing or using RestSpace or a company or any legal entity on behalf of which that individual accessing or using RestSpace.

2.1All right, title and interest in and to intellectual property including without limitation, copyright, in RestSpace and in the Websites generally (including all images, layouts, icons, photographs, video and audio clips and written and other materials) are protected by copyright laws around the world and are owned by the Company and Elizabeth Wright.

2.2Upon using RestSpace, you agree that you will not copy, alter or remove any copyright protected material without our prior written permission.

3.1You can review the most current version of the Terms and Conditions of Use at any time at this page. We reserve the right, at our sole discretion and without giving notice, to update, change or replace any part of these Terms and Conditions of Use by posting updates and changes to our Websites. It remains your responsibility to check our Websites periodically for changes.

3.2For the avoidance of doubt and the sake of clarity, your continued access to or use of RestSpace following the posting of any changes to these Terms and Conditions of Use constitutes your full and unreserved acceptance of those changes.

4.1At any time, we may, from time to time and without providing any notice, change, modify or delete material on RestSpace and on the Websites generally. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the services, any documentation, information or other content on RestSpace and on the Websites generally.

4.2Furthermore, although our preference would be to give reasonable notice, we may also change the membership fee structure without providing you with any prior notice.

4.3Both forms of potential change are valid from the moment that they are posted upon RestSpace and/or the Websites.

5.1Since a central purpose of RestSpace is to support spiritual rest in and through nurturing sleep, comfort and reflection and to do so through the provision of faith-centred audio and written content, accordingly RestSpace does not offer, nor should it be taken to offer, healing, therapy or medical intervention or medical advice. Nor does RestSpace offer, or should be taken to offer, an alternative to any existing therapy, medication or medical advice.

5.2Furthermore, those who access or use RestSpace may be advised to seek the advice of a qualified medical practitioner prior to its use. You would be strongly advised to do so if you think you may require medical advice or treatment.

6.1We have designed and aim to operate RestSpace with reasonable skill and care.

6.2While we make reasonable efforts to ensure the quality and utility of information, material and other content on RestSpace and the Websites, all of such is provided “as is” and “as available” and without giving or making any warranty, condition, undertaking, representation or assuming responsibility of any kind in respect thereof. We disclaim all warranties and conditions with regard to that information, material and content including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, we provide access to and use of RestSpace and the Websites on the basis that we assume no responsibility and exclude all representations, warranties and conditions which but for these Terms and Conditions of Use may have effect in relation to RestSpace and the Websites.

7.1To the maximum extent permitted by law, we, and where applicable, all of our colleagues, agents, employees and sub-contractors shall not be responsible or liable – whether in tort, contract or otherwise – in connection with your use of or inability to use RestSpace and the Websites generally, for any direct, indirect, incidental, contingent, consequential or special damages, loss, expense, cost or harm, howsoever arising, to you or to your business including loss of turnover and profits, direct, indirect or consequential losses, interruption or disruption of your business, your failure to make anticipated savings, lost business opportunities or damage to your goodwill or reputation.

7.2Nor shall we be liable for any damage, loss, expense, cost or harm incurred by or access to transmission facilities by third parties.

7.3Nor shall we be liable for alteration, theft, loss or destruction of your network, applications, data, files, programs, procedures, or personal information through accident, fraud or any other method.

8.1From the time of taking out full membership until you cancel your full membership, you authorise us to charge you for use of the RestSpace at the applicable prices. While we do not store customer payment card details in the RestSpace app, card payment processing platforms such as the one RestSpace uses, Base44 Payments, may do so.

8.2Your full membership of RestSpace is not transferable to any other party. Passwords and rights to the material contained within RestSpace are not transferable to another party. You may not disclose your password or full membership information to any other individual or person.

8.3Access to your full membership in RestSpace will be granted shortly after we receive your payment. Access and use of your full membership is subscription-based. Therefore, if you pause or cancel your subscription, you will no longer have access to your full membership.

9.1These Terms and Conditions of Use are effective unless and until terminated by either you or us. Any obligations and liabilities of the parties (you and us) incurred prior to the cancellation or termination date(s) shall survive the cancellation and/or termination of this Agreement for all purposes.

9.2Cancellation.You have the right to cancel your full membership at any time by notifying us at admin@lizwright.org that you no longer wish to use RestSpace or by adjusting the billing settings within your account (within the RestSpace website).

9.3Termination.If in our sole assessment you fail, or we materially suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Use, we may terminate this agreement at any time without notice and as indicated in clause 9.1, you will remain liable for all amounts due up to and including the date of termination. In that event, we would endeavour to give you notice of that assessment and an opportunity to reply, prior to a decision to terminate the Agreement between us.

We draw your attention to the fact that refunds are not given.

11.1When registering for RestSpace, you will be requested to provide us with certain pieces of information including your name and email address. You guarantee that all information provided by you is true and accurate.

11.2Our Privacy Policy outlines how and for which purposes your relevant personal information is used, stored and/or transferred and scope for you to object to and to alter that use, storage and/or transfer. This Policy, which may change from time to time, is part of the Terms and Conditions of Use.

Any notice given under these terms must be in writing and delivered to the recipient (a) in the case of us, to our email address (see below) and (b) in the case of you, to your last known registered email address.

You may contact us by email at admin@lizwright.org

14.1Force majeure.We shall have no liability for delays in delivery of or your access to RestSpace, whether for full membership or otherwise, and the Websites generally, caused by a force majeure event. Force majeure means an event beyond our reasonable control including strikes, lock-outs or other industrial disputes (whether involving the workforce, if applicable, of a supplier or any other party), failure of a utility service or transport network, a so-called ‘act of God’, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or other civil emergency, inability to provide services except at increased prices or default of agents, suppliers or subcontractors.

14.2Whole of Agreement.This Agreement and any necessarily implied rules, policies or guidelines posted on the Websites or in material promotional information constitute the entire agreement between us. In the event of any conflict between this Agreement and any information posted on the Websites or otherwise, this Agreement shall prevail.

14.3No waiver.Any failure by us to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver of such a provision or right. A waiver on any one occasion shall not be construed as a bar to, or waiver of, any provision, right or remedy on any future occasion.

14.4Severability.If any part of this Agreement is found by a competent judicial authority to be invalid or unenforceable under any applicable law, including but not limited to, the above disclaimer and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue entirely in effect.

14.5Interpretation.No rule of construction shall apply to the Agreement that undermines, militates against or runs contrary to the purposes of the provision of RestSpace. The rule of interpretation that a contract shall be interpreted against the party responsible for the drafting and preparation thereof (the contra proferentem rule) shall not apply.

14.6Indemnification.You agree to indemnify and hold harmless us and its/our owners, directors, officers, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of any and every kind and nature (including, without limitation, reasonable lawyers’ fees) imposed upon or incurred by us directly or indirectly arising from (a) your use of and access to RestSpace, whether by means of full membership or otherwise, and the Websites or the services found at the Websites, (b) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein and/or (c) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. For the avoidance of doubt and the sake of clarity, the indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Websites or the services found at the Websites.

14.7Assignment.You may not assign or otherwise transfer the Agreement, or any right granted under it (including transfer by way of cession, assignment, delegation, sale, operation of law or otherwise), without our written consent. We may freely transfer our rights under the Agreement.

14.7.1Third-parties.Nothing in this Agreement shall confer or be deemed to confer any third-party rights or benefits.

14.8Applicable Law and Governing Jurisdiction.These Terms shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to hearing any dispute or claim between the parties to this Agreement (you and us).

14.8.1In that event that you believe that you have a potentially actionable claim or dispute (pre-existing, present or future) arising out of this Agreement, then the procedural sequence is as follows:

• You must first let us know in writing the nature of your concern and permit us to carefully consider and to respond to it prior to any commencing proceedings of any type;
• In the event that any such claim or dispute cannot be resolved between us, then you may bring any said dispute or claim to the courts of England and Wales. In so doing, however, you waive any right to participate or initiate any class action proceeding against us.