Terms and Conditions
Before using the Service you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be bound by the following Terms and Conditions. If you do not agree to abide by these Terms you should not access or use the Service in any way.
IMPORTANT: These Terms & Conditions for Coaching Success Services ("Agreement") are a legal agreement between you and Personaliteye Ltd. ("Company") and apply to the entire contents of the Site under the domain name Coaching-Success.org and to any correspondence by e-mail between us and you. By initiating a purchase or otherwise using or accepting the services contained in the Site ("Services"), you agree to be bound by the terms of this Agreement. If you do not agree to the Terms & Conditions of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms & Conditions.
Your Coaching Success Account
In order to use the specialist services of Coaching Success ("Site"), you must register as a member of the Site ("Member") and agree to be bound by these Terms & Conditions.
The Company shall not be liable if for any reason this Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
In consideration of your use of Coaching Success, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Coaching Success has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, Coaching Success has the right to disable or terminate your account and refuse any and all current or future use of the site.
Once you complete the registration process with Coaching Success, you will receive an account designation and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Coaching Success of any unauthorized use of your account or any other breach of security.
Unless otherwise specified, Coaching Success grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the material provided hereon, and the Services requiring payment ("Payment") that you purchase, for your business related use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Site and/or any of our Payment Services. You understand that only you may use your user account and password, and that your subscription or use of our Payment Services may not be shared with others. If Coaching Success has reasonable grounds to suspect that you have shared your account access and password with another individual, Coaching Success has the right to terminate your account.
You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content (see below for definition), including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other businesses to use the Coaching Success Profile; (ii) modify, translate, distribute or create derivative works of the Coaching Success Profiles; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Coaching Success Profiles; (v) remove any proprietary notices or labels on the Coaching Success Profile; and (vi) add to, alter, delete from, or otherwise modify the Content.
Eligibility to use the site
You must be 16 (sixteen) or older to register as a member ("Member") of Coaching Success. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement.
Commercial Use by Members
The Site is for the use of individual Members to aid their coaching, training and therapy business only and may not be used in connection with any other commercial endeavours. Illegal and/or unauthorized uses of the Site, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken.
Modifications to Service
These Terms & Conditions were last modified on 24th October 2008. At any time and without prior notice, Coaching Success shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without prior written notice to our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this Site and/or the Coaching Success services following our posting of any such change on our site will constitute binding acceptance of such change. You should check this Site from time to time to review the then current Terms & Conditions, because they are binding on you. You agree that Coaching Success shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Communication
As a part of the service Coaching Success provides to our Members, we communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, Coaching Success has the right to send messages from time to time that we believe would interest them. Coaching Success reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Copyright and Trademarks
The content included on this Site, including, but not limited to the Coaching Success tests, reports, text, graphics, logos, icons, and images is the exclusive property of Coaching-Success.org. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Coaching Success Site without the express permission of the company.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
11.1 YOU HEREBY AGREE TO AFFORD US NOT LESS THAN 28 DAYS IN WHICH TO REMEDY ANY BREACH OF THE TERMS. SUBJECT TO THE OTHER PROVISIONS OF THIS CLAUSE 11, WE HEREBY EXCLUDE LIABILITY TO THE FULLEST EXTENT POSSIBLE UNDER LAW IN RESPECT OF ANY BREACH BY US, OUR DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS OF THE TERMS, UNLESS YOU SERVE WRITTEN NOTICE SETTING OUT THE DETAILS OF THE BREACH ON US WITHIN ONE YEAR OF THE DATE ON WHICH YOU BECAME AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE BREACH OR THE DATE WHEN YOU OUGHT REASONABLY TO HAVE BECOME SO AWARE.
11.2 WITHOUT PREJUDICE TO CLAUSE 11.1 AND SUBJECT TO CLAUSE 11.4, THE FOLLOWING PROVISIONS SET OUT OUR ENTIRE LIABILITY (INCLUDING ANY LIABILITY ARISING FROM OUR DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS) TO YOU IN RESPECT OF:
11.2.1 ANY BREACH OF OUR CONTRACTUAL OBLIGATIONS ARISING UNDER THE TERMS;
11.2.2 ANY REPRESENTATION STATEMENT OR TORTIOUS ACT OR OMISSION INCLUDING NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THE TERMS; OR
11.2.3 ANY BREACH OF STATUTORY DUTY RELATING TO THE SUBJECT MATTER OR PERFORMANCE OF THE TERMS.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT:
11.3.1 INCIDENTAL LOSS;
11.3.2 SPECIAL LOSS;
11.3.3 WASTED OR LOST MANAGEMENT TIME;
11.3.4 LOST PROFITS, GOODWILL, SAVINGS OR OTHER ECONOMIC LOSS; AND/OR
11.3.5 LOSS OF DATA ("EXCLUDED LOSS") ARISING FROM OR RELATING TO THE TERMS AND/OR THE SUPPLY OF GOODS AND/OR SERVICES INCLUDING WITHOUT LIMITATION THE SUPPLY OF INFORMATION, PUBLICATIONS, AND/OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WHOLE OR PART OF THE SERVICE AND/OR THE SITE OR ANY OTHER SERVICES PERFORMED BY US, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE BY US OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF YOU INCURRING THE SAME.
11.4 OUR LIABILITY TO YOU SHALL NOT BE LIMITED (EXCEPT THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW THE LIMIT OF LIABILITY IN CLAUSE 11.5 SHALL APPLY TO ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS) FOR:
11.4.1 DEATH OR INJURY RESULTING FROM OUR OWN OR THAT OF OUR EMPLOYEES', AGENTS' OR SUB-CONTRACTORS' NEGLIGENCE;
11.4.2 ALL DAMAGE SUFFERED BY YOU AS A RESULT OF ANY BREACH BY US OF THE CONDITION AS TO TITLE OR THE WARRANTY AS TO QUIET POSSESSION IMPLIED BY SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982 OR SECTION 12 OF THE SALE OF GOODS ACT 1977; AND
11.4.3 ANY FRAUDULENT REPRESENTATION MADE BY US.
11.5 IN THE EVENT THAT WE BECOME LIABLE FOR LOSS OR DAMAGE THAT WE MAY LAWFULLY LIMIT OR EXCLUDE, YOU AGREE THAT OUR LIABILITY TO YOU SHALL BE LIMITED IN THE AGGREGATE FOR ALL SUCH LOSS AND DAMAGE IN ANY YEAR TO £100.
11.6 NOTHING IN THIS CLAUSE 11 SHALL CONFER ANY RIGHT OR REMEDY UPON YOU TO WHICH YOU WOULD NOT OTHERWISE BE ENTITLED.
Miscellaneous Terms
All information presented by Coaching Success is for educational and background purposes. The material is not intended to be a substitute for professional counselling or profiling. Coaching Success disclaim any liability in connection with the advice, recommendations or products advertised on this site. Coaching Success may make changes to the material on the Site, at any time without notice. The material on the Site may be out of date, and Coaching Success makes no commitment to update such material.
Coaching Success may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
GOVERNING LAW
The Terms shall be construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
ASSIGNMENT
You shall not assign any of your rights or obligations under these Terms without our prior written consent. We shall have the right to assign without prior written consent.
Data Protection Statement.
By registering, placing an order or ticking the Confirm Details box, on this site you consent to the collection, use and transfer of your information under the terms of this statement.
Coaching Success uses this information to assess or tailor the type, content, style and look of communications and may share or use the information you supply in an aggregated, statistical or individual form to describe our audience profiles to a third party (The Purpose). Coaching Success will never disclose your personal information to any third party unless you have given us your express permission by ticking the terms and conditions box.
Coaching Success obtain and process information fairly and honestly and will not use or disclose the information in a way contrary to the purpose. Coaching Success will strive to hold only relevant, accurate information, and, where necessary, keep it up to date, and when requested, give individuals copies of information about themselves. Above all we promise to take appropriate steps to keep the information safe.
Your Coaching Success Profile data and Members Area access is password-protected so that you are the only individual with access to this information. For your own security we suggest that you do not divulge your password to anyone.
Unfortunately, no data transmission over the Internet can be absolutely secure. So, while we strive to protect your personal information, Coaching Success cannot ensure the security of any information you may transmit to us. Any information transferred is done so at your own risk. Once we receive your information, we take appropriate steps to ensure the security of your information on our systems.
Coaching Success is a trading name of Personaliteye Limited who are registered under the terms of the Data Protection Act 1998 (UK) and abide by the Data Protection Principles.
