Access to this Website and Changes
- Access to and use of the www.associationforcoaching.com website ("Website") is provided by us subject to these Website Terms. "We" are Association for Coaching, a company limited by guarantee and incorporated and registered in England with company number 4502634 whose registered office is at Golden Cross House, 8 Duncannon Street, London WC2N 4JF, England.
- Please read these Website Terms carefully. Your use of any part of this Website constitutes your acceptance of these Website Terms which takes effect on the date on which you first use this Website. If you do not agree with these Website Terms, you should cease using this Website immediately.
- We reserve the right to change these Website Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Website after changes are posted constitutes your acceptance of the amended Website Terms.
- We may also include additional rules and requirements for using parts of this Website. You are responsible for reviewing all information on this Website in relation to your particular use of this Website and complying with any applicable rules or requirements.
- You are responsible for bringing these Website Terms to the attention of all persons accessing this Website through your Internet connection.
- You must not interfere with another person's use of this Website or otherwise act in a way that negatively affects another person's use of this Website.
- You are responsible for all access to this Website through your Internet connection, including checking the suitability of the contents of this Website by such users and (if applicable) restricting access to this Website by minors under your control.
- You shall not use this Website in any way which in any respect:
- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we stipulate on this Website in relation to a particular part of this Website or this Website generally; or
- involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or this Website for the purpose of use on this Website or for generally marketing (by any means and in any media) this Website or our services generally. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
- We do not undertake to monitor any comments made by users on this Website, but we reserve the right in our absolute discretion to omit, remove, suspend or edit any material, information or data that you or any user transmits, posts or sends to us or this Website.
- The views and comments on contributions to this Website are those of the authors and do not necessarily reflect the views of us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by you or other users to this Website.
- You agree to comply at all times with any instructions for use of this Website which we make from time to time.
- You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Website Terms.
Availability of This Website, Security and Accuracy
- Whilst we endeavour to make this Website available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. We make no warranty that your access to this Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to this Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Website for any reason. If we impose restrictions on you personally, you must not attempt to use this Website under any other name or user identity.
- We do not warrant that this Website will be compatible with any or all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Website or your obtaining any material from, or as a result of using, this Website. We shall also not be liable for the actions of third parties in breaching any security measures.
- We may change or update this Website and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on this Website (including without limitation details about our services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions. If you place orders through or as a result of using this Website, you are responsible for ensuring that your orders contain all necessary and accurate information.
- The contents of this Website are intended for convenience only. Nothing on this Website shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product or service mentioned on this Website is either available to you or complies with laws outside of England. Supply of products or services on this Website
- Our supply of our products and services referred to on this Website shall be governed by our terms and conditions applicable to the supply of those products and services. A copy of our terms and conditions are available to you upon request by contacting us by e-mail, telephone, or post at the contact details set out at the end of these Website Terms.
- Any supplies of products or services by any third parties referred to on this Website shall be governed by those third parties' own terms and conditions applicable to the sale or supply of those products and services. We are not responsible for the acts or omissions of any third parties and it is your responsibility to deal directly with the third party from whom you buy products or services in the event of you having any claims or issues. Indemnity
- You shall fully and promptly indemnify and keep indemnified us against all liabilities, losses, damages, injuries, costs, expenses, fines, demands, claims and proceedings suffered or incurred by us arising (directly or indirectly) out of: 22.1 any claims or legal proceedings arising from your use of the Website or use of the Website through your password, which are brought or threatened against us by any person (other than due to our default or our breach of these Website Terms); or 22.2 any breach of these Website Terms by you; except to the extent that this has resulted from our breach of these Website Terms. Our liability to you
- We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- To the extent permitted by law and subject to paragraph 23 above, other than in respect of the services that we supply for a fee which are governed by our Terms and Conditions:
- our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material shall be £10; and
- we shall not be liable (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Websites or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
Intellectual property rights
- All intellectual property rights of any nature anywhere in the world (including all copyright, patents, trade marks, service marks, trade names, designs (including without limitation the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website, information and content and material on or accessible from the Website, any data collected by us and database operated by us and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) and Website methodologies shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights not expressly granted by us are reserved.
- None of the material described in Clause 25 may be reproduced or redistributed without our prior written permission. You may, however, retrieve and display the content of the Website on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
- No part of the Website or the material described in Clause 25 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.
- If you quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.
- Except to the extent that we expressly permit, you must not modify any material described in Clause 25.
- As between you and us, all rights (including goodwill) in the "Association for Coaching", name and logos are owned by us (or our licensors). Other service and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
Third Party Websites and Pages and Content
- This Website may contain links to other websites (for example, to those providing recognised courses or those who wish to advertise their products or services). Although we have sought to carefully select any website to which a link from this Website exists, we have no control over and accept no responsibility for the content of such linked websites. The links are provided "as is" with no warranty, express or implied, for the information provided within such websites.
- In addition, this Website may contain advertising content provided by third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.
- You must not without our permission frame any of this Website onto your own or another person's website.
Use of User Names and Passwords
- You may need to use a user name and password for your access to, or enabling you to access, restricted areas of this Website, in which case this section of the Website Terms applies to you.
- You must at all times keep your user name and password strictly confidential and secure.
- You must not disclose or allow others to have access to your user names or passwords without our prior permission, unless you are the authorised manager or the authorised employee acting on behalf of the authorised manager.
- If you think you may have lost or allowed a third party to see or use your user names or passwords, you must inform is immediately.
- You shall be responsible for all use of this Website made under your user names.
- We may require that your user names or passwords are changed from time to time.
- If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Website Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- 42. Nothing in these Website Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- 43. No waiver by either part of any default under these Website Terms shall operate or be construed as a waiver of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Website Terms. Conflicts
- If there is an inconsistency between any of the provisions of these Website Terms and the terms of any guidance issued by us, including, but not limited to, our Online Forum User Guide, the provisions of these Website Terms shall prevail.
English law and jurisdiction
- These Website Terms shall be governed by and construed in accordance with English law. You submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by you in relation to these Website Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.
- If you want to contact us for any reason, please contact us by e-mail at firstname.lastname@example.org or by post at Golden Cross House, 8 Duncannon Street, London WC2N 4JF, England.