Terms of Use
(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you subscribe to our website, we will ask you to expressly agree to these terms of use.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
(3) Acceptable use
Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Subscriptions
In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 4, and “subscriber” means a person who has such a right by virtue of this Section 4.
Access to certain areas of our website is restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
You may become a subscriber by:
- selecting the ‘Join Now’ button in the menu
- completing your subscription details in the electronic form
- agreeing to these terms and conditions
- selecting the appropriate payment option, (if any) and
- making the appropriate payment
We will acknowledge receipt of your order without undue delay by email.
You will have the opportunity to identify and correct input errors prior to ordering your subscription. We will show you the details you have submitted and ask you to confirm that they are accurate before payment is taken.
We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.
These terms of use are provided in the English language only.
The subscription charges will be as set out on our website from time to time. All subscription charges stated on the website are stated exclusive of VAT which will be added where applicable.
You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.
We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.
Your subscription will be activated automatically within 24 hours following receipt of your subscription charges in cleared funds. Your subscription will continue for the relevant period as set out on our website, subject to early termination in accordance with these terms of use. Unless we have notified you otherwise, the minimum period for Silver membership is one month and the minimum period for Gold membership is 12 months.
We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential.
During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the Members Only part of the website.
If you are contracting as an consumer, you may cancel a subscription at any time within 7 working days, beginning on the day after you received our acknowledge of payment of your subscription charge, providing that you have not accessed the restricted areas of the website during that period. If you cancel a subscription in accordance with this provision, you will receive a full refund of the price paid. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your valid notice of cancellation. Your notice of cancellation should be sent to the address or email address at the end of these terms of use.
(5) User generated content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties
We warrant to subscribers that the subscription service will be provided with reasonable care and skill, that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to the amount of one month’s subscription, if any, paid by you.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(9) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber’s subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.
We may also cancel subscriptions on 30 days’ written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).
(10) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(11) Trade marks
The Legal Marketing Coach and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(12) Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(13) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(14) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(15) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(16) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(17) Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(18) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(19) Registrations and authorisations
We are registered as a Limited Liability Partnership. You can find the online version of the register at www.companieshouse.gov.uk
Our VAT number is GB 391518832.
(20) Our details
The full name of our organisation is The PEP Partnership LLP.
We are registered in England & Wales under registration number OC314012.
Our registered address is 15-19 Cavendish Place, London W1G ODD, United Kingdom.
You can contact us by email to bill.blakemore@pep-partnership.co.uk or by post to The PEP Partnership LLP, 17 Devonshire Park, Reading, RG2 7DX, United Kingdom
PRIVACY POLICY
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services ;
(c) information that you provide to us for the purpose of registering with us;
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(e) any other information that you choose to send to us.
(2) Cookies
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website. [We will use the persistent cookies to enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html .
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites including this one.
(3) Using your personal data
Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested, such as our electronic newsletter;
(h) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications) ;
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website; and
(k) Other uses
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(4) Disclosures
We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
Except as provided in this privacy policy, we will not provide your information to third parties.
(5) International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
Information which you provide may be transferred to countries (including [the United States), which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
If we have issued you with a logon identity and password to access restricted parts of our website, you are responsible for keeping your password and user details confidential. We will not ask you for your password.
(7) Policy amendments
We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee.
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(11) Contact
If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to bill.blakemore@pep-partnership.co.uk or by post to The PEP Partnership LLP, 17 Devonshire Park, Reading, RG2 7DX, United Kingdom.
This privacy policy is courtesy of Website Contracts and Website Law.