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Terms & Conditions

These terms and conditions (“Terms & Conditions”) (together with any documents referred to) are the terms of use on which you may make use of www.lylarb.phloxrivere.co.uk and any of our affiliated web sites including but not limited to www.phloxrivere.co.uk (being the “Website”) whether as a guest or a registered user. Please read these Terms & Conditions carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms & Conditions and that you agree to abide by them. If you do not agree to these Terms & Conditions please refrain from using this Website.

Anywhere throughout this document the expressions ‘we’, ‘us’, ‘our’, ‘the company’, ‘LYLARB’, are referring to Loving You Like a Rubber Band. The terms ‘product’, ‘service’, ‘order’, ‘sale’, ‘purchase’, ‘items’ refers to any product or service that Loving You Like a Rubber Band provides.

Terms of sale
Affiliates Program
European Union – Digital Services and eBook VAT Rates
Terms of Use
Community Guidelines
Information about us

Terms of sale

Please read through the following Terms and Conditions of Sale and Purchase carefully. They comprise the terms on which you are permitted to purchase items from LYLARB on this website.

If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:

1. Purchase of products

If you wish to purchase any item for sale on this website, you must submit our completed order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it.

If we agree to accept your order, we will confirm this by email and will supply the items you have ordered to you in accordance with the Confirmation and with these Terms.

The sale and purchase of Products via this Website will be governed by a contract between you and us formed when you have placed an order. We have accepted your order when we have sent you Confirmation of this (the ‘Contract’). Please note, as soon as we confirm your order, it will enter our electronic system and we will be unable to prevent it being dispatched to you.

You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.

You acknowledge that:
(a)  all information and specifications relating to the Products and any material produced by us are approximate only; and
(b)  the colour of the items on this Website may vary from the Products supplied to you under any Contract.

We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.

We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.

2. Returns and Cancellations

You have the right to cancel this Contract from the date on which we send you our Confirmation until 14 working days after the day you receive your order. Please refer to our Returns and cancellations for more information.

Please note that if you have purchased a downloadable pdf (“ebook”) from this website, and have successfully downloaded it, we are unable to offer a refund on your purchase.

You will be responsible for and will pay the cost of returning the Products to us by the same method as they were delivered. The Products will be returned at your risk. The only circumstances in which you cannot cancel the order are where the Products that you wish to return are audio, video or computer software products that have been removed from the sealed package in which they were delivered.

If you are unhappy with any Product you purchase from our Website for any reason, you may return it to us in its original condition within 28 working days. If you wish to return an item please follow our Returns and cancellations instructions. Any refunds made pursuant to these Terms will be a refund of the price actually paid by you for the relevant Product and, except where specifically provided otherwise, will not include a refund of any postage, packaging or similar costs. For the avoidance of doubt, if you purchased a Product at a discount, we will refund you the discounted price.

3. Price

The price of each Product shall be the recommended retail price for that Product that is quoted on this Website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product.

Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each Product. The Website will automatically apply the most advantageous discount to you, provided you enter all discounts to which you are entitled on the order form.

The price of any Product excludes the cost of postage, packaging and delivery. The costs of postage and packaging will be specified on this Website and are your responsibility. The cost of delivery to the delivery address you specify in your order form and we acknowledge in our Confirmation (the “Premises”) will be your responsibility.

The stated price of the Products is inclusive of any applicable Value Added Tax.

We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.

4. Risk and Ownership 

Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.

Title in the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we tried to deliver the Products to you.

5. Withdrawal and Use of Products

We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.

If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.

6. Availability and Delivery

All the specified delivery schedules are not fixed. Any indication of the delivery date/time should be taken as an estimated date/time of delivery only. The delivery period is specified in working days, excluding any public holidays.

LYLARB will not take any liability or responsibility for, any failure to complete or delay in completion of orders, any of its obligation under a contract that is caused by events beyond our control.

Affiliates Program

1. Professionalism

You agree not to spam your affiliate link on Facebook™, in any Facebook™ groups, or anywhere else on the web. You agree to use professional marketing practices, and you will help to uphold the high integrity of the LYLARB brand name(s).

You agree to only email your link to people that you have permission to mail, and in the event that someone wants to be removed from your mailing list, you agree to instantly remove them and to apologize to them to help hold integrity with our offer.

2. Fraud

No fraudulent purchases will be allowed. You may not purchase from yourself using your own link, and only non-refunded sales will count towards your contest rankings.

You may not make any misleading claims or represent any earnings potential that other affiliates will expect from this program, without properly citing proof of those earnings.

You cannot urge your subscribers/buyers to purchase multiple products / copies of LYLARB, so you could qualify for more commissions and/or contest prizes. This could cause excessive refunds and fraudulent purchases, which would result in your disqualification of prizes and commissions.

3. General

Please make sure you double check your affiliate links and information is correct when signing up. You are responsible for using the correct affiliate URL.

The use of exit scripts or pop-ups which redirect to your affiliate URL are not allowed.

You may NOT use cookie-stuffing of any kind. This instantly throws up a red flag in our tracking stats, showing that you have massive clicks but no sales, which hurts the numbers for every other affiliate. Please be sure to only send legitimate visitors to the offer page and if your visitor count is too high without any sales, you may run the risk of having your affiliate link for this offer suspended.

All contest payouts will happen when total sales are tallied up after the refund period, which is a 28-day period. The sales contests are all based on non-refunded sales.

You MAY create your own bonus offers to compliment the sale of LYLARB products, but please exercise caution to ensure that customers are fully aware of the product they are purchasing through us, and to make sure that your bonus does not mislead them in any way whatsoever.

It’s also best practice to make sure that you do not make any effort to “steal” customers away from other affiliates by encouraging them not to buy from them, but to buy from you instead. If we see this practice happening from you, we may exercise the right to suspend your affiliate account.

We also recommend having your customers contact you directly and give them specific instructions on how to access their bonuses BEFORE they purchase the book/products through your affiliate link. This will minimize confusion and provide the best possible customer experience.

4. Cash Prize Contest

In order to qualify for the £1000 cash prize you must sell a minimum of 300 items from any of the products available to you for reselling.

Please note that £1000 is the total cash prize, which is to be equally distributed between the top 3 sellers. This cash prize also includes any fees that LYLARB will incur in efforts to transfer the funds to the winners. Any winnings will be paid out via Paypal unless separately arranged with the winners.

Contest will commence on the 1st of Sept 2016 (midnight GMT) and will end on the 11th of Sept 2016 (midnight GMT). Only sales during the dates mentioned will be counted towards the contest.

European Union – Digital Services and eBook VAT Rates

From 1st January 2015 the VAT Rates for digital services (including eBooks) will vary depending on the location of the customer* (*EU based customers only).

The table below shows the VAT rates charged on digital services (including eBooks) dispatched to EU destinations. The VAT rates below are not applicable to physical print volume book sales or any other print content. The stated price of digital services (including eBooks) is inclusive of any applicable VAT.

Sales of digital products and services will be calculated based on the location of the EU customer and not the location of LYLARB as the supplier. For customers based outside the EU the VAT rates charged by us will remain unchanged. This is applicable to purchases made only on, or after, 1st January 2015.

Note: For customers based in Liechtenstein and Switzerland, a VAT rate of 8% will be charge by us for digital products and services (including eBooks). For more information on the matter please visit HMRC.

Country Digital Services (including eBooks) VAT Rate at 1st January 2015
Austria 20%
Belgium 21%
Bulgaria 20%
Croatia 25%
Cyprus 19%
Czech Republic 21%
Denmark 25%
Estonia 20%
Finland 24%
France & Monaco 5.5%
Germany 19%
Great Britain & Northern Ireland 20%
Greece 23%
Hungary 27%
Republic of Ireland 23%
Italy 4%
Latvia 21%
Lithuania 21%
Luxembourg 3%
Malta 18%
Netherlands 21%
Poland 23%
Portugal 23%
Romania 24%
Slovakia 20%
Slovenia 22%
Spain 21%
Sweden 25%

 

Terms of Use

1. Accessing the Website

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may only allow access to some parts of the Website, or the entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our registration and security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and terminate your registration at any time without notice to you if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and that they comply with them. Please note that we currently support the following browsers: Internet Explorer 9, 10 and 11; Chrome (latest version, as it auto updates); Firefox (latest version, as it auto updates); and Safari (latest version, as it auto updates).

2. Intellectual property rights

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. For the purposes of these Terms & Conditions, “material” means material including, without limitation, text, graphics, images, video and sound material. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.

You may download and print extracts from material on the Website for your own personal and non-commercial use only. You must not download or print the material or extracts from it in a systematic or regular manner or otherwise so as to create a database in electronic or paper format comprising all or part of the material appearing on the Website. You may not distribute, transmit or disseminate any part of the material on the Website without our prior permission.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must retain all copyright and other proprietary notices appearing on the Website and you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.

If you wish to make any use of material on our site other than that set out above, please address your request to lylarb@phloxrivere.co.uk.

If you print off, copy or download any part of the Website in breach of these Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

3. Our liability

While we endeavour to ensure that the information provided on the Website is accurate and up to date, the material displayed on the Website (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any responsibility or liability for any direct, indirect, special and/or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it (whether caused by tort, breach of contract or otherwise, even if foreseeable).

You hereby expressly agree that you use the Website ‘as is’ and at your own risk and that any damage or loss arising from your use of it and/or any reliance placed on its contents are your sole responsibility.
This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

4. Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy the terms of which are herein incorporated by reference. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

5. Uploading or submitting material to the website

Whenever you make use of a feature that allows you to upload or submit material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.

Any material you submit or upload to the Website will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish such material in any format, including without limitation print or electronic format and to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or that it is defamatory of such person.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Publication of any material you submit to us will be at our sole discretion and we reserve the right to make additions or deletions to the text or graphics prior to publication or to refuse publication. We further reserve the right to remove any material or posting you make on the Website if, in our sole discretion, such material does not comply with the content standards set out below.

6. Content Standards

These standards (as further described in the following Guidelines which are incorporated herein by reference) apply to each part of any contribution as well as to its whole.

7. Contributions must:

• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Be original to you
• Comply with any applicable law worldwide and in particular in the UK and in any country from which they are posted.

8. Contributions must not:

• Be obscene, offensive, hateful, inflammatory, incite violence or contain sexually explicit material;
• Advocate, promote or assist any illegal activity of any kind;
• Be defamatory or any person or violate another person’s privacy rights or otherwise contain unlawful material;
• Infringe any copyright, database right or trade mark of any other person or party;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate or are endorsed by us, if this is not the case; and
• Falsely endorse a good or service.
The area of the Website where registered users can submit details of their profile is intended for individual profiles and not company profiles or information.

9. Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of the Website or of any computer software or hardware relating or connecting thereto. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

10.Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In the event you link to any such third party site you do so at your own risk.

11. Third-party material

You may see advertising or other material submitted by third parties on the Website. Any third party uploading or submitting content or information for inclusion on the Website is solely responsible for such content and information, including ensuring that it complies with all relevant legislation and/or common law, regulations and/or codes of practice. We accept no responsibility or liability for the content of advertising or other third party material submitted to the Website including without limitation the lawfulness of such content or any error, omission or inaccuracy therein.

12. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on the Website. Furthermore the provision and use of services offered on the Website are subject to the Services Terms as therein provided and applicable in addition to these Terms & Conditions.

14. Contact us

If you have any concerns about material which appears on our site, please contact lylarb@phloxrivere.co.uk. Thank you for visiting our Website.

Community Guidelines

1. Good behaviour

How to get the best experience

Get stuck in. Whatever you have to say, chances are there’s someone out there who will benefit from your personal first-hand experiences, knowledge and opinions. Share them all—good or bad—and include as many facts and details as you can.
2.    Be constructive. If you had a bit of a rubbish experience, tell us why. Be specific about what it was that didn’t hit the spot and not only will other users take you more seriously, but the business or professional involved is much more likely to listen up and improve.
3.    Be courteous. We are a diverse community of people with diverse opinions. Speaking to and about people with respect means that everyone feels free to have their say.
4.    When you see it, call it. If you read a great citizen review or comment on the Website, give it a thumbs-up. On the other hand, if you see abusive content or material that violates these guidelines, report it via a “report inappropriate content” link or email lylarb@phloxrivere.co.uk.
5.    Stay safe. Be wise about the personal information you share when you’re using publicly accessible parts of the Website. There are also various functions on the Website that allow other users to view all your public contributions and reviews in one list, including in the public view of your profile page. If you’re not comfortable with this, you can post content anonymously.

2. Wayward

How to get yourself struck off our Christmas card list
a.    Don’t fake it. When applicable, please only write reviews based on your own personal experience and only submit content that you know to be accurate and fair.
b.    Don’t be a phoney. Setting up and using a fake profile to submit content, especially to promote your business or criticise another business, is absolutely not permitted. If you misrepresent who you are, claim false credentials or expertise, give potentially harmful advice or mislead people in any other way you could be breaking the law—take a look at “7. Keeping it legal”—below.
c.    Keep the peace. The Website is not the place for threats, personal attacks, aggressive comments or hateful, bigoted or racist speech. We are a community of people with diverse beliefs, opinions and backgrounds, so please be respectful.
d.    Don’t talk dirty. We want to keep things clean, which means no swear words, no vulgar comments, no sexually explicit language or images and no lewd propositions. Also, please don’t write entirely in CAPS—it may be big, but it’s not clever.
e.    No spam. Any obvious advertising references found in reviews, comments or other content will be deleted immediately. It is not permitted to post links, HTML, provide phone numbers, email addresses or to provide information that is unrelated to the topic in order to solicit personal or financial gain. It’s also forbidden to send bulk messages or submit any other unauthorised content with the purpose of promoting your business or product.
f.    No cheating. Our reputation and points system is there to recognize and reward boarders for writing reviews and contributing their knowledge to the Website community. Creating multiple accounts, posting content for the sole purpose of gaining points, soliciting others for points and posting irrelevant or blank content in an effort to be the first to review are all ways of cheating and will be penalized.
g.    Keeping it legal. We don’t want to call in the boys in blue, so make sure you don’t break the law by:

•    submitting fake reviews or paying someone to submit content that benefits your business
•    copying other people’s content without permission or proper attribution—please be aware of copyright and related laws
•    scamming people into sharing personal information
•    stealing or borrowing anything from the Website or other sites (like copyright or trademark material)
•    breaking or hacking into private unauthorised places, especially if it’s with the intention of causing harm or stealing information
•    threatening, slandering, making libellous statements, harassing, invading people’s privacy or impersonating others

We are committed to doing everything we can to protect the Website from fake reviews. On the rare occasion that we do find bogus content, spam, fake reviews or submissions from fraudulent profiles, we remove them immediately and take steps to ensure that the businesses and users in question are penalised in our rankings on the Website.

If you are a business owner, commissioning reviews violates the EU Unfair Commercial Practices Directive (UCPD), and the UK’s implementation of the UCPD. This means companies and sole traders cannot pay someone else to post reviews or write blogs about their own companies without fully disclosing the fact. Both civil and criminal penalties are possible.

3. When we have to step in 

We do not edit the content of reviews, comments or other user-generated content on the Website. However, we reserve the right to remove content that we determine to be inappropriate and/or in violation of the Website community guidelines or the Terms & Conditions. Depending on the level of offence, violating the community guidelines may result in the termination of your Website account without warning and the passing of any information to the police.

These community guidelines were written with the best interests of the Website community in mind. If you have any additional suggestions on how to improve them, or any other feedback, please send us an email at lylarb@phloxrivere.co.uk.

Information about us

This website is owned and operated by Isra Tabassum, the author of LYLARB.

You can contact us by writing to 40 Eccleston Crescent, Romford, Essex RM6 4QU, by using our website contact form, by email to lylarb@phloxrivere.co.uk or by telephone on +44 7949 154 325.