1 GENERAL INFORMATION
1.1 Coaching In Action Services
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.coachinginaction.net (the “Website”). Please read these terms and conditions, carefully before using any of the services available through the Website which includes, without limitation, our online automated coaching system and our interactive forums (the “Services”).
The terms “Coaching In Action”, “CYO”, “us” or “we” refers to Coaching In Action a trading name of Coach Yourself Online Ltd (CRN: 09170784) and with its registered office at 42 King Edward Court, Windsor, Berkshire, SL4 1TG. Our main trading address is 13 Lowndes Square, London, SW1X 9HB. Our VAT number is 09170784.
The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets.
The term “you” refers to the user of the Services. When you sign up as a member of the Website (a “Member”) in order to use any of the Services you agree to be bound by these Terms and all applicable laws, rules and regulations.
We provide membership to businesses and other collective bodies (profit and non-profit organisations) (each being a “Business Member”) conditional upon the payment of a subscription fee for a number of authorised users. Business Members will be granted access to bespoke channels and spaces of the Website that provide Services which are to the specification provided by the Business Member (the “Unique Services”). A Business Member can grant access to the Unique Services for a limited number of authorised users who register as Members, such number of authorised users being confirmed between the Business Member and CYO.
You may also be asked to click “I accept” at the appropriate place prior to completing your registration as a Member and paying the relevant subscription fee (the “Subscription Fee”) or by a Business Member providing you with a unique reference code which will provide you with membership access as a Member until such time as the Business Member either (a) terminates your authorisation to use the Services by instructing us of such authorisation being terminated or (b) the Business Member ceases to be a Business Member. If you do not click “I accept” and make the relevant payment or enter a unique reference code provided by a Business Member, you will not be able to complete such registration or gain such access.
Our contact email address is firstname.lastname@example.org. All correspondence to CYO including any queries you may have regarding your use of the Website or any of the Services or these Terms should be sent to our contact email address.
1.2 BASIS OF SUPPLY OF THE SERVICES
These Terms set out the whole agreement between you and us for the supply of the Services.
1.3 CHANGES TO TERMS
(a) We reserve the right to revise and amend these Terms from time to time. We will endeavour to provide you with notice by email of any changes to these Terms, but a failure to provide such notice will not affect the validity of the variation of the Terms.
(b) Your continued use of the Services or the Unique Services after such changes are made conclusively demonstrates your acceptance of such changes.
2 MEMBERSHIPS AND SUBSCRIPTIONS
2.1 BECOMING A MEMBER
2.1.1 You may sign up as a Member free of charge. To become a Member you need to go to the relevant section of the Website, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.
2.1.3 By registering as a Member you warrant that:
(a) You are legally capable of entering into binding contracts or, if you are 13 years or older but not at least 18 years old, you are authorised to become a Member by someone who is at least 18 years old;
(b) You are at least 18 years old or you are at least 13 years old and have joined as a Member with the consent of someone at least 18 years old who has authorised the payment of the Subscription Fee or is a Business Member if no Subscription Fee is due;
(c) All registration information you submit is truthful and accurate;
(d) You will maintain the accuracy of such information; and
(e) Your use of the Website or other Services does not violate any applicable law or regulation.
2.2 ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
Once you are a member, if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notice us at email@example.com.
2.3 USE BY MINORS
Children between the ages of 13 and 18 or the age of majority in their jurisdiction of residence ("Minors") may use the Services and/or (if applicable) the Unique Services. Coaching In Action recommends, but does not require, that use by such Minors be done with the guidance and support of their parents, guardians, authorised school officials, or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services and/or (if applicable) the Unique Services, you agree to be bound by the Minor's use of the Services and/or (if applicable) the Unique Services and by these Terms. Children under the age of 13 are not permitted to use the Services and/or (if applicable) the Unique Services. If you are under the age of 13, please do not attempt to access or use the Services or any of the Unique Services.
As a Member you will receive access to certain sections, features and functions of the Website that are not available to non-members.
By agreeing to become a Member you opt in to receiving occasional special offer, marketing, and communications which we believe are relevant to you. You can easily unsubscribe from these emails by following the opt-out instruction in these emails.
Coaching In Action memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred by you in any way whatsoever.
(a) Coaching In Action account holders may access the Services through a monthly subscription fee. The applicable Subscription Fee for you can be found on the Website [Link to subscription fee page]
(b) Our subscription is paid in monthly instalments in advance. For each month that your membership is active, you acknowledge and agree that Coaching In Action is authorised to charge the same payment card or other payment method (the “Payment Method”) as was used for the initial Subscription Fee in the amount of the then current subscription fee. The Subscription Fees will continue to be billed to the Payment Method you provided, automatically until your membership is cancelled. You must cancel your membership before it renews each month in order to avoid billing of the next month's Subscription Fee to the Payment Method you provided. Refunds will not be made for any partial-month subscription period. If you are a Minor you must obtain permission from the relevant cardholder prior to using the Payment Method.
(c) You may discontinue auto-renewals of your subscription at any time by logging into your account and updating your account settings to non-renewal or by emailing firstname.lastname@example.org. Such email notice will be deemed to be effective termination of your subscription once processed by us and we endeavour to process all email notices within 72 hours or receipt.
(d) You agree to promptly notify Coaching In Action of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(e) Our obligation to provide the Services only comes into being when you complete your membership registration and have paid the Subscription Fees in advance for the following month.
(f) All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
(g) you agree that you are not permitted or otherwise authorised to resell or licence any Services purchased through Coaching In Action for commercial purposes.
2.6 CHANGING FEES AND CHARGES
(a) We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing email@example.com.
(b) The variation to our fees and charges will be effective following expiry of the 30 calendar days notice.
3 CANCELLATION OF SERVICES
3.1 CANCELLATION BY YOU
You may cancel your subscription at any time. Cancellation is effective at the end of the applicable month you provided notice during. Please make any such cancellation through your account settings.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorised copying or download of our audio or video content from the Website.
3.3 PROMOTION CODES
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as a new user. No promotion code or discount will apply to any Business Member or the Members who access the Website, Services or Unique Services as a result of a Business Member.
4 PROHIBITED USE OF THE SERVICES
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Website or the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or the Services. You may not access the Website or the Services in an unauthorised manner.
4.2 You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4 you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may be obligated to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
5 MATERIALS OFFERED THROUGH THE SERVICES
5.1 INTELLECTUAL PROPERTY RIGHTS
(a) All materials (including software and content whether downloaded or not) contained on the Website or the Services are owned by Coaching In Action (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on the Website and in the Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
(c) The Website and the Services are not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used on the Website or the Services for commercial purposes without obtaining a written license to do so from us.
(d) Material from the Website or the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Website and the other Services and may subject you to legal liability. You agree not to use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, defamation, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the Services. Appropriate legal action may be taken for any illegal or unauthorised use of the Website or the Services.
(e) A limited amount of content will be marked and authorised for a Member to share in their personal social media channels (Facebook, Twitter, etc.). With respect to content made available by Coaching In Action through the Website, the Services or the Unique Services that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Coaching In Action grants you a limited right to download, reproduce and distribute such content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other applicable laws.
(g) Coaching In Action, the Coaching In Action logo and all other Coaching In Action product or service marks are the marks and brands of Coaching Yourself Online Ltd. Nothing grants you any license or right to use, alter or remove or copy such material.
(h) Your misuse of the marks and brands displayed on the Website is strictly prohibited.
5.2. CYO METHODOLOGY AND QUESTIONS
(a) All questions, their text, sequencing and the methodology of working through them are the “CYO Methodology”. The CYO Methodology is confidential and proprietary to CYO and its affiliates.
(b) The CYO Methodology is licensed to you by us only provided you are a registered user and then always subject to the terms of this Clause 5.2. You are permitted to use the CYO Methodology only subject to all of the following:
(i) Your use of the CYO Methodology is for your own internal, personal, private use only. If you are a Business User then your use is limited to you personally and those of your authorised persons.
(ii) You must not use, copy, reproduce, republish, post, broadcast or transmit the CYO Methodology for any purpose other than under Clause 5.2 (b)(i) above unless you have express prior written consent from us. This includes (without limitation) not reproducing or storing the CYO Methodology in any website or in any public or private electronic retrieval system or service.
(iii) When anyone sees the CYO Methodology through your use of it, you shall be fully responsible for ensuring that any such person is made fully aware of and receives the terms of this Clause 5.2. You must clearly and prominently display these terms in full next to any display of the CYO Methodology. Where the space is limited by the CYO Methodology, there must be the following clear and prominent statement, with the terms of this Clause 5.2 being in an easily accessible place (such as through a working hyperlink) from this statement: “All use of the CYO Methodology is subject to licensed terms. To read in full, follow this link.” Accordingly, you are responsible to ensure that anyone who accesses or sees the CYO Methodology is bound by this licence and this Clause 5.2.
(iv) You must not disclose the CYO Methodology to anyone whom you know or should reasonably suspect is breaching or will breach the terms of this Clause 5.2.
(v) The CYO Methodology is based on the skill, experience and expertise of CYO and its affiliates following their own confidential and proprietary methodology.
6 AVAILABILITY OF SERVICES
6.1 Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at firstname.lastname@example.org and we will take steps to correct the fault as soon as we reasonably can or are able to. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for any period of time.
6.2 Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can. In the event that the Services are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order via our email email@example.com
7 USER MATERIALS
7.1 The Services may let you submit material to us: for example, you can upload a photo to your profile, post subjects and comments in the forums and comment on various matters in various parts of the Services. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information you provide when you register as a Member or when you subsequently change that information.
This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.2 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not endorse any opinion contained in such material. We make no warranties or representations (express or implied) about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
7.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Services, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
7.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Coaching In Action or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website and other Services or to promote, market or advertise Coaching In Action. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense and does not violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
Your User Material does not identify any individual (including by way or name, address or a still picture or video). If the User Material identifies any individual over the age of 18, you warrant and represent that you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person. You may not identify anyone under the age of 18 in any circumstance.;
(d) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.
(e) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(f) You will not engage in any automated use of the system, such as using scripts to alter our content.
(g) You will not access, tamper with, or use non-public areas of the Services, Coaching In Action’s computer systems, or the technical delivery systems of Coaching In Action’s providers.
(h) You will not attempt to probe, scan, or test the vulnerability of the Website or any other Coaching In Action system or network or breach any security or authentication measures.
7.7 User Material is not considered to be confidential. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Coaching In Action an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Website and the Services, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Coaching In Action may include your User Material in Coaching In Action’s Distribution Content that is made available to others through the Services. Be aware that Coaching In Action has no control over User Material once it leaves the Services, and it is possible that others may duplicate material found on the Services, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Coaching In Action and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.8 Any inquiries, feedback, suggestions, ideas, or other information or User Material that you provide to us (collectively, "Submissions" and each a “Submission”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Services, you grant, and you represent and warrant that you have the right to grant, to Coaching In Action an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Coaching In Action has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Coaching In Action and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8 LINKS TO WEBSITES/SERVICES
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website and the Services must not be framed on any other website, nor may you create a link to any part of the Website or the other Services unless you have written permission to do so from Coaching In Action. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on the Website or the other Services other than that set out above, please address your request to firstname.lastname@example.org
9 SERVICES DISCLAIMER
(a) The information contained on the Services is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
(b) We do not guarantee or warrant that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
10 END USER LICENCE AGREEMENT
(a) Subject to the terms of this Licence Agreement (as set out in this section 10), and these other Terms, and your payment of applicable subscription fees, Coaching In Action grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the Services.
(b) The Services contain or embody copyright material, proprietary material or other intellectual property of Coaching In Action or its licensors. All right, title and ownership in the Services remains with Coaching In Action or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
• Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble and Services in any way, or create derivative works of the Services;
• Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
• Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part;
• Tamper with the Services or circumvent any technology used by Coaching In Action or its licensors to protect any content accessible through the Services;
• Circumvent any territorial restrictions applied to the Services; or
• Use the Services in a way that violates this License Agreement or the other Terms.
• You may not make the Services available to the public.
11 USE OF THIRD PARTY AND MEMBER COPYRIGHT
(a) We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
(b) If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.
12 GENERAL TERMS AND CONDITIONS
12.2 ASSIGNMENT BY US
Coaching In Action may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
12.3 WARRANTIES AND LIMITATIONS
(a) We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.
(c) Nothing in this sections 12.3 or otherwise in these Terms shall exclude or in any way limit Coaching In Action’s liability for: fraud; or death or personal injury caused by its negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
(d) The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the fullest extent permitted by law, excluded.
(f) We will use reasonable endeavours to remedy faults in the Services. If we fail to comply with these Terms, we will be liable to you for the maximum of 2 months of Subscription Fees.
12.4 APPLICABLE LAW
(a) Your use of the Services is governed by these Terms and these Terms shall be construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the Services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.
(b) We make no representations that the Services are appropriate or available for use outside of England and Wales. If you access the Services from any other jurisdiction you do so out of your own volition.
12.5 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
12.6 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
12.8 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Coaching In Action at email@example.com. We may give notice to you at the e-mail address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
12.11 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
12.12 THIRD PARTY RIGHTS
A person who is not party to these Terms will not have any rights under or in connection with these Terms.