1. Introduction to Terms and Conditions of Use
1.1. These terms and conditions shall govern your use of this website.
1.2. By using this 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 this website.
1.3. If you register with this website, submit any material to this website or use any of this website’s services, by default you are being asked to expressly agree to these terms and conditions.
1.4. You must be at least 18 years of age to use this website; by using our website or agreeing to these terms and conditions, you warrant and represent to the website owner that you are at least 18 years of age.
2. Copyright notice
2.1. Copyright (c) 2020-2022 Nic Briscoe.
2.2. Subject to the express provisions of these terms and conditions:
(a) The copyright holder, together with any licensors, own and control all the copyright and other intellectual property rights in this website and the material on this website; and
(b) all the copyright and other intellectual property rights in this website and the material on this website are reserved.
3. Permission to use the website
3.1. You may:
(a) view pages from this website in a web browser;
(b) download pages from this website for caching in a web browser;
(c) print pages from this website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from this website, using any of the media players on this website;
(e) download audio and video content for the purposes of personal offline listening, where the option to do so on this website has been provided; and
(f) use this website’s 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 our website or save any such material to your computer.
3.3. You may only use this website for your own personal purposes; you must not use this 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 this website.
3.5. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from this website;
(c) show any material from this website in public;
(d) exploit material from this website for a commercial purpose; or
(e) redistribute material from this website.
3.6. Notwithstanding Section 3.5, you may redistribute our email updates and/or newsletter in print and electronic form to any person.
3.7. The website owner reserves the right to suspend or restrict access to this website, to areas of this website, and/or to functionality upon this website. For example, access to the website may be suspended during server maintenance or when the website is being updated. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website
4.1. You must not:
(a) use this website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use this 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) hack or otherwise tamper with this website;
(d) probe, scan, or test the vulnerability of this website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to this website;
(f) use this 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;
(g) impose an unreasonably large load on this website’s resources (including bandwidth, storage capacity, and processing capacity);
(h) decrypt or decipher any communications sent by or to this website without the website owner’s permission;
(i) conduct any systematic, or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on, or in relation to this website without the website owner’s express written consent;
(j) access or otherwise interact with this website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use this website except by means of the website owner’s public interfaces;
(l) violate the directives set out in the robots.txt file for this website;
(m) use data collected from this website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
(n) do anything that interferes with the normal use of this website.
4.2. You must not use data collected from this website to contact individuals, companies, or other persons, or entities.
4.3. You must ensure that all the information you supply through this website, or in relation to this website, is true, accurate, current, complete, and non-misleading.
5. Use on behalf of organisation
5.1. If you use this website, or expressly agree to these terms and conditions in the course of a business, or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company, or legal entity, unless the context requires otherwise.
6. Registration and accounts
6.1. To be eligible for an account (when, and if offered) on this website under this Section 6, you must be over the age of 16.
6.2. You may register for an account (when, and if offered) with this website by completing and submitting the account registration form on this website, and clicking on the verification link in the email that this website will send to you.
6.3. You must not allow any other person to use your account to access this website.
6.4. You must notify this website’s admininistartors in writing immediately if you become aware of any unauthorised use of your account.
6.5. You must not use any other person’s account to access this website, unless you have that person’s express permission to do so.
7. User login details
7.1. If you register for an account (when, and if offered) with this website, you will be asked to choose an email address and password.
7.2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; 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 this website’s admininistartors in writing immediately if you become aware of any disclosure of your password.
7.5. You are responsible for any activity on this 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.
8. Cancellation and suspension of an account (when, and if offered)
8.1. This website’s admininistartors may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in sole discretion, providing that if any services you have paid for are cancelled, and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to to this website in respect of those services that were to be provided by this website to you after the date of such cancellation; you will be given reasonable written notice of any cancellation under this Section 8.1.
8.2. You may cancel your account (when, and if offered) on this website using your account control panel on this website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
9. Subscriptions (when, and if given)
9.1. To become a subscriber to this website’s services (when, and if offered), you must pay the applicable subscription fees after you have registered for an account (when, and if offered) with this website. This website’s admininistartors will send you an acknowledgement of your order. The contract between this website for the supply of this website’s services shall come into force upon the issue of the order acknowledgment.
9.2. You will have the opportunity to identify and correct input errors prior to making your order by visiting your profile page.
9.3. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on this website in relation to your subscription type.
9.4. The website’s admininistartors may from time to time vary the benefits associated with a subscription such as creating new kinds of content by giving you written notice of the variation, providing that, if in the reasonable opinion the website’s admininistartors such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and you will be refund any amounts paid to this website in respect of any period of subscription after the date of such cancellation.
9.5. At the end of any period of subscription (when, and if given) for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on this website before the date of renewal.
10. Fees
10.1. The fees in respect of this website’s services (when, and if given) will be as set out on this website from time to time.
10.2. All amounts stated in these terms and conditions or on this website are stated inclusive of VAT.
10.3. You must pay any fees in respect of this website’s services in advance, in cleared funds, in accordance with any instructions on our website.
10.4. Fees may be varried from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
10.5. If you dispute any payment made to this website, you must contact the website’s administrators immediately and provide full details of your claim.
10.6. If you make an unjustified credit card, debit card, or other charge-back then you will be liable to pay to the website’s administarors, within 7 days following the date of a written request from the website’s administarors:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by the website’s administarors in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),
And for the avoidance of doubt, if you fail to recognise, or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.
10.7. If you owe this website’s administarors any amount under or relating to these terms and conditions, the website’s administarors may suspend or withdraw the provision of services to you.
10.8. This website’s administarors may at any time set off any amount that you owe to the website’s administarors against any amount that the website’s administarors owe to you, by sending you written notice of the set-off.
11. Distance contracts: cancellation right
11.1. This Section 11 applies if and only if you offer to contract with this website, or contract with this website, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
11.2. You may withdraw an offer to enter into a contract with this website through this website, or cancel a contract entered into with this website through this website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.
11.3. You agree that this website may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if this website does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;
(b) if the services are partially performed at the time of cancellation, you must pay to this website an amount proportional to the services supplied or this website’s administarors may deduct such amount from any refund due to you in accordance with this Section 11.
11.4. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform this website of your decision to withdraw or cancel (as the case may be). You may inform this website by means of any clear statement setting out the decision. In the case of cancellation, you may inform this website using the cancellation form that this website’s administrators will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
11.5. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to this website in respect of the offer or contract, except as specified in this Section 11.
11.6. This website’s administrators will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
11.7. This website’s administrators will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
12. Our rights to use your content
12.1. 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 the website’s admininstrors or this website for storage or publication on, processing by, or transmission via, our website.
12.2. You grant to tgis website 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.
12.3. You grant to this website the right to sub-license the rights licensed under Section 12.2.
12.4. You grant to this website the right to bring an action for infringement of the rights licensed under Section 12.2.
12.5. 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.
12.6. You may edit your content to the extent permitted using any editing functionality made available on this website.
12.7. Without prejudice to the website’s administraors other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, this website’s administrators may delete, unpublish or edit any or all of your content.
13. Rules about your content
13.1. You warrant and represent that your content will comply with these terms and conditions.
13.2. 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).
13.3. Your content, and the use of your content by this website 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.
14. Report abuse
14.1. If you learn of any unlawful material or activity on this website, or any material or activity that breaches these terms and conditions, please let the website’s administrators know.
14.2. You can let the website’s administrators know about any such material or activity by emailing us at info@nicbriscoe.com.
15. Limited warranties
15.1. This website does not warrant or represent:
(a) the completeness or accuracy of the information published on this website;
(b) that the material on this website is up to date;
(c) that this website will operate without fault; or
(d) that this website or any service on this website will remain available.
15.2. This website’s administrators reserve the right to discontinue or alter any or all of this website’s services, and to stop publishing this website, at any time in the website administrator’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if the website’s administrators stop publishing the website.
15.3. To the maximum extent permitted by applicable law and subject to Section 16.1, this website’s administrators exclude all representations and warranties relating to the subject matter of these terms and conditions, this website and the use of this website.
16. Limitations and exclusions of liability
16.1. 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,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
16.2. The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; 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, except to the extent expressly provided otherwise in these terms and conditions.
16.3. To the extent that this website and the information and services on this website are provided free of charge, this website’s administrators will not be liable for any loss or damage of any nature.
16.4. This website’s administrators will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.5. This website’s administrators 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.
16.6. This website’s administrators will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with this website’s administrators under these terms and conditions as a consumer, this Section 16.6 shall not apply.
16.7. This website’s administrators will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with this website’s administrators under these terms and conditions as a consumer, this Section 16.7 shall not apply.
16.8. You accept that this website’s administrators have an interest in limiting the personal liability of any officers and employees of this website’s administrators, and, having regard to that interest, you acknowledge that this website’s administrators may become a limited liability entity; you agree that you will not bring any claim personally against any officers or employees of this website’s administrators in respect of any losses you suffer in connection with this website or these terms and conditions (this will not, of course, limit or exclude the liability of any limited liability entity itself for the acts and omissions of this website’s administrators officers and employees).
16.9. This website’s administrators aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) £500; and
(b) the total amount paid and payable to us under the contract.
17. Indemnity
17.1. You hereby indemnify this website’s administrators, and undertake to keep them indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by this website’s administrators to a third party in settlement of a claim or dispute) incurred or suffered by them and arising directly or indirectly out of your use of this website or any breach by you of any provision of these terms and conditions.
18. Breaches of these terms and conditions
18.1. Without prejudice to this website’s administrator’s other rights under these terms and conditions, if you breach these terms and conditions in any way, or if this website’s administrators reasonably suspect that you have breached these terms and conditions in any way, this website’s administrators may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to this website;
(c) permanently prohibit you from accessing this website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) suspend or delete your account on this website.
18.2. Where this website’s administrators suspend or prohibit or block your access to this website or a part of this 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).
19. Third party websites
19.1. This website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
19.2. This website’s administrators have no control over third-party websites and their contents, and subject to Section 16.1 this website’s administrators accept no responsibility for them or for any loss or damage that may arise from your use of them.
20. Trade marks
20.1. This website’s administrator’s logos and this website’s other registered and unregistered trade marks 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 this website’s administrators rights.
20.2. The third-party registered and unregistered trade marks or service marks on this website are the property of their respective owners and, unless stated otherwise in these terms and conditions, this website’s administrators does not endorse and are not affiliated with any of the holders of any such rights and as such this website’s administrators cannot grant any licence to exercise such rights.
21. Variation
21.1. This website’s administrators may revise these terms and conditions from time to time.
21.2. The revised terms and conditions shall apply to the use of this website from the date of publication of the revised terms and conditions on this website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.3. If you are a consumer and you have purchased any of this website’s services and there subsists a contract under these terms and conditions in respect of those website services, this website’s administrators will ask for your express agreement to any revision of that contract. This website’s administrators may make such revisions only for the purposes of reflecting changes to applicable law, the technology this website’s administrators use to provide the services and/or this website’s internal business processes. This website’s administrators will give you at least 7 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between you and this website’s administrators shall be automatically terminated and you will be entitled to a refund of any amounts paid to this website’s administrators in respect of website services that were to be provided by this website’s administrators to you after the date of such termination.
22. Assignment
22.1. You hereby agree that this website’s administrators may assign, transfer, sub-contract or otherwise deal with this website’s administrator’s rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
22.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23. Severability
23.1. 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.
23.2. 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.
24. Third party rights
24.1. A contract under these terms and conditions is for this website’s administrator’s benefit and your benefit, and is not intended to benefit or be enforceable by any third-party.
24.2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third-party.
25. Entire agreement
25.1. Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and this website’s administrators in relation to your use of this website and shall supersede all previous agreements between you and this website’s administrators in relation to your use of this website.
26. Law and jurisdiction
26.1. These terms and conditions shall be governed by and construed in accordance with English law.
26.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
27. Statutory and regulatory disclosures
27.1. This website’s administrators will not file a copy of these terms and conditions specifically in relation to each user or customer and, if this website’s administrators update these terms and conditions, the version to which you originally agreed will no longer be available on this website. This website’s administrators recommend that you consider saving a copy of these terms and conditions for future reference.
27.2. These terms and conditions are available in the English language only.
27.3. The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.