NICKY CLINCH LIMITED
- Definitions and Interpretation
|“Account”||means an account which may be required for Our paying clients to access the Dashboard and/ or Members’ Area of Our Site;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Data Protection Legislation”||means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications);|
|“Intellectual Property Rights”||means:
(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights (including but not limited to the right to extract or exploit information from a database), know-how, rights in designs, inventions and processes;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist in any part of the world; and
(d) the right to sue for past infringements of any of the foregoing rights;
|“Platform”||means the Kajabi online platform accessed via Our Site through which We may release the Programme Materials to You if You join one of Our Programmes, or such other online platform as We may use from time to time;|
|“Programme”||means the digital, group and/ or 1-to-1 programmes provided by Us from time to time to Our paying clients;|
|“Programme Materials”||means any and all materials to which Our paying clients may have access as a result of their participation in Our Programmes (including but not limited to any live or recorded sessions, audio or video files and any other recorded material delivered by Us or on Our behalf; webinars and any written materials (including but not limited to workbooks, worksheets, presentations and other downloadable materials) whether in soft or hard copy);|
|“We/Us/Our”||means Nicky Clinch Limited, a company registered in England & Wales under number 10347565 and VAT number GB303200283, whose registered office address is at Ground Floor, 45 Pall Mall, London, United Kingdom, SW1Y 5JG; and|
|“You/ Your”||means you, as a user of Our Site.|
2. Information About Us
Our Site, nickyclinch.com, is owned and operated by Us.
3. Access to Our Site
- Access to Our Site (save for the Members’ Area) is free of charge.
- It is Your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- In order to access the Dashboard and/ or Members’ Area of Our Site or to access the Programme Materials if you join one of Our Programmes, You will require an Account. You will create Your Account via the Platform which is accessed through Our Site.
- You may not create an Account if You are under 18 years of age.
- When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up to date.
- We recommend that You choose a strong password for Your Account, consisting of a combination of lowercase and uppercase letter, numbers and symbols. It is Your responsibility to keep Your password safe.
- You must not share Your Account with anyone else. We have the right to revoke Your access to Your Account, the Programme Materials and/ or the Platform if You do share Your Account with anyone else in breach of this Clause 4.5 and Our Standard Terms & Conditions for the relevant Programme. If You believe Your Account is being used without Your permission, You must contact us immediately at [email protected] We will not be liable for any unauthorised use of Your Account.
- You must not use anyone else’s Account.
- Any personal information which You provide in the course of opening Your Account will be collected, used and held in accordance with Your rights and Our obligations under the Data Protection Legislation, as set out in Clause 16.
- If You wish to close Your Account, You may do so at any time. Closing Your Account will result in the removal of Your information. Closing Your Account will also remove access to any areas of Our Site and/ or the Platform which require an Account for Access. 5. Intellectual Property Rights
- The provisions of this Clause 5 apply only to the Intellectual Property Rights in the content of Our Site, and not to the Programme Materials. Our Intellectual Property Rights in the Programme Materials are governed by Our Standard Terms & Conditions for the relevant Programme.
- All Content included on Our Site and the copyright and other Intellectual Property Rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clause 5.4 below, You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
- You may:
- access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- download Our Site (or any part of it) for caching;
- print one copy of any page from Our Site;
- download extracts from pages on Our Site; and
- save pages from Our Site for later and/or offline viewing.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers. 6. Links to Our Site
- You may link to Our Site provided that:
- You do so in a fair and legal manner;
- You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
- You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- You may link to Our Site provided that:
- You may not link to any page other than the homepage of Our Site, nickyclinch.com. Deep-linking to other pages requires Our express written permission.
- Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us by email at [email protected] for further information.
- You may not link to Our Site from any other site the main content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users. 7. Links to Other Sites
We may include links to other sites on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Nothing on Our Site constitutes advice on which You should rely. It is provided for general information purposes only.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please refer to Our Standard Terms & Conditions regarding the accuracy, completeness and updating process for the Programme Materials. 8. Our Liability
- The provisions of this Clause 9 apply only to the use of Our Site, and not to the Programme Materials, which are governed by Our Standard Terms & Conditions for the relevant Programme.
- To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
- To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
- If You are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9. Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
- You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 10.3 to 10.5, You may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Site will cease immediately in the event of such a breach. 10. Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful. Specifically:
- You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
- You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- suspend, whether temporarily or permanently, Your Account, Your right to access Our Site, the Programme Materials and/ or the Platform;
- issue You with a written warning;
- take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
- take further legal action against You as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- You may only use Our Site in a manner that is lawful. Specifically:
To contact Us, please email Us at [email protected] or by using any of the methods set out on Our contact page.
14. Communications from Us
- We will not send You marketing emails of any kind without Your express consent. If You do give such consent, You may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If You opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with Your request. During that time, You may continue to receive emails from Us.
- For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected]. 15. Data Protection
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.