PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
What's in these terms?
Who we are and how to contact us
The www.mattbottrillperformancecoaching.com website (MBPC Site) operated by Matt Bottrill Performance Coaching Ltd, a limited company registered in England under company number 9145833, whose registered address is 22 Valley Way, Whitwick, Leicestershire, LE67 5E and whose main trading address is Units 1 & 2 Enterprise House, Ashby Road, Coalville, Leicestershire, LE67 3LA (MBPC). Our VAT number is GB 233 8621 12.
To contact us, please email us at or telephone on 07443 487326.
Acceptance of these terms
By using the MBPC Site, you confirm that you accept the terms of this policy and that you agree to comply with it. If you do not agree to this policy, you must not use the MBPC Site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
There are other additional terms which also apply to your use of the MBPC Site:
· Our Privacy, Data Protection and Cookies Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the MBPC Site, you consent to such processing and your warrant that all data provided by you is accurate;
· If you are a business user (Business User) you will subsequently enter into a contract for services with us, our terms and conditions of business will apply. We will advise you of these separately as part of the client on boarding process.
We may make changes to this policy
We amend these terms from time to time. Every time you wish to use the MBPC Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25th May 2018.
We may suspend or withdraw our site
We do not guarantee that the MBPC Site, or any content on it, will always be available, uninterrupted or fault free. We may suspend or withdraw or restrict the availability of all or any part of the MBPC Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at: firstname.lastname@example.org.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in the MBPC Site, including but not limited to the trading styles, logos and names displayed, and the material/ content published on it, source code and software.
You may print off one copy, and may download extracts, of any page(s) from the MBPC Site for your personal use and you may draw the attention of others within your business (if you are a business user) to content posted on the MBPC Site.
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.
Our status (and that of any identified contributors) as the authors of content on the MBPC Site must always be acknowledged.
You must not use any part of the content on the MBPC Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information on the MBPC Site
The content on the MBPC Site is provided for information only. It does not constitute advice. Our advice should be sought before taking any action on the basis of any information provided on the MBPC Site.
To the fullest extent permitted by law, we make no representation, warranty or guarantee that the MBPC Site will meet your requirements, that it will not infringe the rights of third parties or that it will be compatible with all software and hardware, or that it will be secure.
Although we make reasonable efforts to update the information on the MBPC Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the MBPC Site is complete, accurate or up to date.
We are not responsible for websites we link to
Where the MBPC Site has links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
· Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services which we may supply to you which will be set out in our contract.
If you are a business user:
· We exclude all implied conditions, warranties, representations or other terms that may apply to the MBPC Site or any content on it.
· We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, the MBPC Site;
· use of or reliance on any content displayed on the MBPC Site.
In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
Please note: different exclusions and limitations may apply if you enter into a contract for services.
If you are a consumer user:
· Please note that we only provide the MBPC Site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
· If you submit Personal Data in the course of enquiring about and undertaking performance coaching, you do so in accordance with our Data Protection, Privacy and Cookies Policy and other such policies as advised by us.
· If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Uploading data to the MBPC Site
Whenever you make use of a feature that allows you to submit an enquiry and upload data to the MBPC Site, we will comply with our Data Protection, Privacy and Cookies Policy.
We have the right to remove any posting you make on the MBPC Site, if, in our opinion, your post does not comply with the content standards set out below under “Acceptable Use.”
Viruses, Malware and Security
We will exercise all reasonable skill and care to ensure that the MBPC Site is secure and free from viruses and other malware.
You are responsible for protecting and configuring your information technology, computer programmes and platform to access the MBPC Site. You should use your own virus protection and security software.
You must not misuse the MBPC Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the MBPC Site, the server on which the MBPC Site is stored, or any server, computer or database connected to the MBPC Site. You must not attack the MBPC Site 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 may 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 MBPC Site will cease immediately.
Rules about linking to the MBPC Site
You must not establish a link to the MBPC Site without our express written consent.
You may only use the MBPC Site in a manner which is lawful and complies with this section. Specifically:
· You must comply fully with all applicable local, national or international laws and/or regulations;
· You must not use the MBPC Site in any way or for any purpose that is unlawful or fraudulent;
· You must not use the MBPC Site to knowingly send or transmit data that contains any form of virus or other malware, or any other code designed to adversely affect the computer hardware, software or data of any kind;
· You must not use the MBPC Site in any way or for any purpose, that is intended to harm any person or persons in any way.
When submitting data to us you must not submit communicate or otherwise do anything that:
· Is sexually explicit;
· Is obscene, deliberately offensive, hateful or otherwise inflammatory;
· Promotes violence;
· Promotes or assists any unlawful activity;
· Discriminates against or in any way defamatory of, any person group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
· Is intended or otherwise likely to infringe another person’s rights to privacy;
· Misleadingly impersonates any person or otherwise misrepresents your identity;
· Infringes our intellectual property rights;
· Otherwise breaches any legal duty.
You also agree not to reproduce, duplicate, copy or re-sell any part of the MBPC Site.
We may from time to time provide interactive services on our site, including, without limitation:
· Chat rooms.
· Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of any Interactive Services by a minor is not permitted.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Which country's laws apply to any disputes?
The terms of this policy, its subject matter and its formation are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, regardless of where you use or access the MBPC Site.