1.1 These terms and conditions govern your use of my website.
1.2 By using my website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use my website.
1.3 If you register with my website, submit any material to my website or use any of my website services, I will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use my website; and by using my website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright notice
2.1 Copyright (c) 2016 – 2017 Andy Firth.
2.2 Subject to the express provisions of these terms and conditions:
(a) I, together with my licensors, own and control all the copyright and other intellectual property rights in my website and the material on my website; and
(b) all the copyright and other intellectual property rights in my website and the material on my website are reserved.
- Licence to use website
3.1 You may:
(a) view pages from my website in a web browser;
(b) download pages from my website for caching in a web browser;
(c) print pages from my website;
(d) stream audio and video files from my website; and
(e) use my website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from my website or save any such material to your computer.
3.3 You may only use my website for your own personal and business purposes, and you must not use my website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on my website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from my website (including republication on another website);
(b) sell, rent or sub-license material from my website;
(c) show any material from my website in public;
(d) exploit material from my website for a commercial purpose; or
(e) redistribute material from my website.
3.6 Notwithstanding Section 3.5, you may redistribute my newsletter in print and electronic form to any person.
3.7 I reserve the right to restrict access to areas of my website, or indeed our whole website, at my discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on my website.
- Acceptable use
4.1 You must not:
(a) use my website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use my website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use my 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;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to my website without my express written consent;
(e) access or otherwise interact with my website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for my website; or
(g) use data collected from my website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from my website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through my website, or in relation to my website, is true, accurate, current, complete and non-misleading.
- Affiliate links
5.1 My website includes links to third party merchant websites supplying goods and/or services.
5.2 I may earn affiliate fees from a merchant if you click on that merchant’s link on my website and subsequently make a purchase on the merchant’s website.
5.3 You acknowledge that:
(a) I do not vet third party merchants;
(b) I do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;
(c) I am not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and
(d) my website contains information supplied by third party merchants, and I do not check, audit or monitor the accuracy of that information, and accordingly I will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.
5.4 I am not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and I will have no obligation to mediate between the parties to any such contract.
5.5 The provisions of this Section 5 are subject to Section 13.1.
- Registration and accounts
6.1 To be eligible for an individual account on my website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.
6.2 You may register for an account with my website by completing and submitting the account registration form on my website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify me in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
- User IDs and passwords
7.1 If you register for an account with my website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify me in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on my website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 I may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in my sole discretion without notice or explanation.
8.2 You may cancel your account on my website using your account control panel on the website.
- Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to me or my website for storage or publication on, processing by, or transmission via, my website.
9.2 You grant to me a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to me the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to me the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on my website.
9.7 Without prejudice to my other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may delete, unpublish or edit any or all of your content.
- Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by me in accordance with these terms and conditions, 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, instructions for the commission of a crime or the promotion of criminal activity;
(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 an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive 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, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Report abuse
11.1 If you learn of any unlawful material or activity on my website, or any material or activity that breaches these terms and conditions, please let me know.
11.2 You can let me know by email at [email protected].
- Limited warranties
12.1 I do not warrant or represent:
(a) the completeness or accuracy of the information published on my website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.2 I reserve the right to discontinue or alter any or all of my website services, and to stop publishing my website, at any time in my sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if I stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, my website and the use of my website.
- Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
13.3 To the extent that my website and the information and services on my website are provided free of charge, I will not be liable for any loss or damage of any nature.
13.4 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
13.5 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 I will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 I will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that I have an interest in limiting the personal liability of my officers and employees and, having regard to that interest, you acknowledge that I am a limited liability entity; you agree that you will not bring any claim personally against my officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of my officers and employees).
14.1 You hereby indemnify me, and undertake to keep me indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by me to a third party in settlement of a claim or dispute) incurred or suffered by me and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of my website.
- Breaches of these terms and conditions
15.1 Without prejudice to my other rights under these terms and conditions, if you breach these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to my website;
(c) permanently prohibit you from accessing my website;
(d) block computers using your IP address from accessing my website;
(e) contact any or all your internet service providers and request that they block your access to my website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on my website.
15.2 Where I suspend or prohibit or block your access to my website or a part of my 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).
- Third party websites
16.1 My website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
16.2 I have no control over third party websites and their contents, and subject to Section 13.1 I accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Trade marks
17.1 Andy Firth – Success & Life Coach and The Journey of Finding Success, my logos and my other registered and unregistered trade marks are trade marks belonging to me; I give no permission for the use of these trade marks, and such use may constitute an infringement of my rights.
17.2 The third party registered and unregistered trade marks or service marks on my website are the property of their respective owners and, unless stated otherwise in these terms and conditions, I do not endorse and are not affiliated with any of the holders of any such rights and as such I cannot grant any licence to exercise such rights.
18.1 I may revise these terms and conditions from time to time.
18.2 The revised terms and conditions will apply to the use of my website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
18.3 If you have given your express agreement to these terms and conditions, I will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as I may specify, I will disable or delete your account on the website, and you must stop using the website.
19.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions.
19.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.
- Third party rights
21.1 These terms and conditions are for my benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
22.1 Subject to Section 13.1, these terms and conditions, together with my privacy and cookies policy, constitute the entire agreement between you and me in relation to your use of my website and supersede all previous agreements between you and me in relation to your use of my website.
- Law and jurisdiction
23.1 These terms and conditions shall be governed by and construed in accordance with English law.
23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
24.1 Affiliate Disclosure; My website contains affiliate links, which means I may receive a percentage of any product or service you purchase using the links in the articles or advertisements. You will pay the same price for all products and services, and your purchase helps support my ongoing work. My main affiliate network, Affiliate Window, have created a detailed website containing information on how I work with my networks and what my responsibilities are. All the information and further links can be found on the https://paidforadvertising.co.uk/ website.
- My details
25.1 This website is owned and operated by Andy Firth.
25.2 My principal place of business is at Halifax, West Yorkshire, UK.
25.3 You can contact me by emailing me at [email protected].