GENERAL TERMS AND CONDITIONS
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
This site is owned and operated by The Holistic Directory (a trading name for media8) of 20 Allwood Avenue, Scarning, Dereham, Norfolk NR19 2TF. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or 0844 3579 829.
By using www.theholisticdirectory.co.uk, you signify that you have read, understand and agree to be bound by these Terms and conditions.
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2 Ownership of rights
All rights, including copyright, in this website are owned by or licensed to The Holistic Directory. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
ONLINE TERMS AND CONDITIONS BETWEEN A BUSINESS AND CONSUMER
4 Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
5 Availability All orders are subject to acceptance and availability. If your business is not suitable, for any reason, for inclusion we will contact you to discuss how to proceed or cancel your order.
6 Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process. Most details can be updated or changed via your online control panel.
The prices payable for goods that you order are as set out in our website. All prices are correct at the time of entering information. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8 Payment terms
We will charge your credit account for payment upon receipt of your order. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further dealings with you. This does not affect any other rights we may have.
9 Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of this email.
10 Cancellation rights
10.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of acceptance of order. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us, in writing, if you wish to cancel your contract.
10.2 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT you notify us in writing within the time specified above.
11 Cancellation by us
11.1 We reserve the right to cancel the contract between us if:
11.1.1 we have reason to believe your business is not suitable to be included; 11.1.2 we do not cover your area; or
11.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
12.1 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract 12.3 You must observe and comply with all applicable regulations and legislation, including obtaining consent from the business owner. 12.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 20 Allwood Avenue, Scarning, Dereham, Norfolk NR19 2TF and all notices from us to you will be displayed on our website from to time.
14 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15 Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
The Holistic Directory are committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a) To register you with our website and to administer it.
(b)For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
The Holistic Directory, Gunfield House, 20 Allwood Avenue, Scarning, Dereham, Norfolk NR19 2TF
1. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the "The Holistic Directory Content") for the purpose of re-selling or re-distributing the The Holistic Directory Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with The Holistic Directory, or otherwise commercially exploiting the The Holistic Directory Content. Systematic retrieval of The Holistic Directory Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from The Holistic Directory is prohibited.
2. Some of the The Holistic Directory Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who provided the content. The Holistic Directory is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, The Holistic Directory is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3. It is customer's responsibility to select a practitioner and to negotiate the terms of any Work to be performed by the practitioner you have selected and that the The Holistic Directory makes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transactions entered into through its Website.
The Holistic Directory relies on data provided by Members and Third Parties to determine which Trade Professionals are included in the database accessible via the Website and does not recommend or endorse any specific practitioner.
Whilst the The Holistic Directory shall use its reasonable endeavours to do so, it does not guarantee to be able to find a practitioner suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.
The Holistic Directory provides no guarantee that a practitioner to whom it has passed a Customer's Job information will contact the Customer.
The Holistic Directory cannot accept any liability in respect of any contract or other agreement entered into between the Customer and the practitioner. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any practitioner and accordingly shall not be liable to the Customer for any occurrence resulting from the introduction of the practitioner to the Customer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Customer howsoever arising.
The Holistic Directory relies on Customers to specify and describe their requirements. The Holistic Directory makes no warranty for the accuracy or completeness of any information provided by the Customer.
The Holistic Directory makes no guarantee to refer any Jobs to a practitioner.
The Holistic Directory retains the right to modify or withdraw its Job in the absence of a contract or other binding agreement with a practitioner, The Holistic Directory makes no warranty as to the availability or suitability of a specific Job. As a practitioner, you must ensure that you are legally able to tender for a Job. In addition, you must ensure that you are legally able to perform the Work specified in the Job description.
The Holistic Directory is not party to any contract made between the Customer and the practitioner in relation to a specific Job and accordingly shall not be liable to the practitioner for any occurrence resulting from the introduction of the Customer to the practitioner including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the practitioner howsoever arising.
5. Limitation of Liability
5.1 The features and services on The Holistic Directory are provided on an "as is" and "as available" basis, and The Holistic Directory hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
5.2 The Holistic Directory makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. The Holistic Directory does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and The Holistic Directory makes no representations or warranties of any kind concerning any product or service offered or displayed on The Holistic Directory site.
5.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from The Holistic Directory or through or from the Site shall create any warranty not expressly stated herein.
5.4 Under no circumstances shall The Holistic Directory be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5.5 Each User hereby agrees to indemnify and save The Holistic Directory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement.
Each User hereby further agrees to indemnify and save The Holistic Directory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to The Holistic Directory, including but not limited to those set forth in Sections above.
Each User hereby further agrees to indemnify and save The Holistic Directory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
Each User hereby further agrees that The Holistic Directory is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. The Holistic Directory reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with The Holistic Directory in asserting any available defenses.
5.6 The Holistic Directory shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
Disputes between you and The Holistic Directory regarding our services should be reported to firstname.lastname@example.org. We will attempt to resolve any disputes you have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to The Holistic Directory, we will make every effort to help both parties communicate, however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity (for example, SquareTrade). We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable solicitor's fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
The Holistic Directory Ltd is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 13 are not permitted to use The Holistic Directory Ltd.com.
You agree to not use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
The Holistic Directory Ltd reserves the right to remove any image for any reason whatsoever. Specifically, any image uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws, will be immediately deleted and the IP address of the uploaded reported to authorities. Violating these terms may result in termination of your ability to upload further images. We reserve the right to ban any individual uploader or website domain from using our services for any reason.
We cannot be held liable for any damages. All data, photographs, videos, messages, graphics, comments, text, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not The Holistic Directory Ltd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through www.theholisticdirectory.co.uk. The Holistic Directory Ltd does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
The Holistic Directory Ltd shall not be liable for any statements or conduct of any third party using the service. By using The Holistic Directory Ltd you may be exposed to Content that is indecent, objectionable or offensive.
The Holistic Directory Ltd will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. The Holistic Directory Ltd will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on www.theholisticdirectory.co.uk. The Holistic Directory Ltd assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.
You agree to indemnify and hold The Holistic Directory Ltd, its officers and employees exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through The Holistic Directory Ltd.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Improper Use of Data
Data mining, "scraping", and/or unauthorised crawling of www.theholisticdirectory.co.uk by any means is prohibited unless explicit permission is given. Using any data from The Holistic Directory Ltd (including images, data from images and/or users) that is not available through authorised channels is also prohibited unless explicit permission is given. Storing, saving and/or retaining images of any size is also prohibited.
You agree not to access Content through any technology or means other than the photo pages of the Service itself, the Embeddable Thumbnails, or other explicitly authorised means The Holistic Directory Ltd may designate.
All content uploaded to The Holistic Directory Ltd is copyright the respective owners. The owners retain full rights to distribute their own work without prior consent from The Holistic Directory Ltd. It is not acceptable to copy or save another user's content from The Holistic Directory Ltd and upload to other sites for redistribution and dissemination.
By uploading content to The Holistic Directory Ltd you give The Holistic Directory Ltd permission to use or distribute your content on www.theholisticdirectory.co.uk or affiliated sites.
To publish another Holistic Directory user’s content for any commercial purpose or for distribution beyond the acceptable Twitter "retweet" which links back to the original user’s content page on www.theholisticdirectory.co.uk, whether online, in print publication, television, or any other format, you are required to obtain permission from The Holistic Directory Ltd in advance of said usage and attribute credit to www.theholisticdirectory.co.uk as the source where you have obtained the content.
You retain all ownership rights to Content uploaded to www.theholisticdirectory.co.uk. However, by submitting Content to www.theholisticdirectory.co.uk, you hereby grant The Holistic Directory Ltd a worldwide, non-exclusive, royalty-free, sub-licenceable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and The Holistic Directory Ltd's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by The Holistic Directory Ltd to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.
You understand and agree, however, that The Holistic Directory Ltd may retain, but not display, distribute, or perform, server copies of your media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Deleted images are only accessed in the event of a legal issue.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing for further detail):
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Holistic Directory Ltd may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Holistic Directory Ltd's sole discretion.
C. Repeat Infringers. The Holistic Directory Ltd will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
The Holistic Directory allows you to post content on the website or other publications, including photos, comments and other materials. Anything that you post, display or otherwise make available on our website or other publications, including all Intellectual Property Rights in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post.
Membership Terms & Conditions
1. Application of terms and conditions
1. These terms and conditions (“Terms”) apply to Holistic Directory Membership (“Membership”) operated by The Holistic Directory Ltd (“we” or “us”). By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.
1.3. Any content posted or submitted by you to our site, or to our Facebook Group, in the course of your Membership is subject at all times to the Acceptable Use Policy.
1.4. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
2.1. There are 5 of levels of Membership as follows:
- Personal Membership
- Basic Membership
- Elite Membership
- Pro Membership
- Platinum Membership
• We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
• Memberships shall continue unless they are terminated by either of us in accordance with clause 6 below.
• You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.
• The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
• The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
4.1. The total price payable for the Membership is as set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you.
4.2. Where your order is for a [12 month] membership, your membership shall expire (and the Contract shall terminate) on the date falling 12 months after the date of payment. If you wish to continue to have access to the materials, you must renew your membership in the manner advised on our site.
4.3. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of Royal Bank of England from time to time in force and/or (ii) suspend the Membership until such time as payment is made or the Contract is terminated.
4.4. The total price payable as set out in the order form is inclusive of Value Added Tax.
4.5. All payments are non-refundable other than as set out in paragraph 7.2 below.
5. Our obligations
5.1. We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.
5.2. Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of the business and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
5.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6. Intellectual Property
6.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and all content within the Membership and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials [or the content of the Programme] to you or to any other person.
6.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
6.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the Materials for the purposes for which the Membership was provided only.
6.4. Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
6.5. You may not without our prior written consent make any audio or visual recordings of any part of our Materials.
6.6. We may from time to time record any or all or any part of the Materials being delivered during your attendance. You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.
6.7. You acknowledge that certain information contained in the Materials is already in the public domain.
6.8. You are not permitted to sell or promote products or services to other members of our Membership at any time without our prior written permission.
6.9. The provisions of this paragraph 6 shall survive termination of the Contract.
7. Term and termination
7.1. The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
7.2. You may terminate your Membership and the Contract at any time by emailing us at email@example.com. Subject to paragraph 7.3 below, no refunds will be provided. Where you have set up recurring payments, it is your responsibility to terminate these payments.
7.3 You may terminate your Membership and the Contract and obtain a full refund of any amount paid by you for the Membership if you email us at firstname.lastname@example.org prior to the date falling [30 days] after the date of payment clearly stating your wish to terminate.
7.4. Notwithstanding the provisions of paragraph 7.1 or 7.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
7.4.1. the other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
7.4.2. the other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
7.4.3. the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
7.5. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
7.6. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
7.7. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
7.8. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
7.9. This paragraph 7 shall survive termination of the Contract.
7.10. Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.
8.1. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.
8.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.
8.3. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
8.4. We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Membership, (ii) any of the Materials, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
8.5. Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.6. The provisions of this paragraph 8 shall survive termination of the Contract.
8.7. You acknowledge and agree that:
8.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
8.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
9.1. By applying for Membership you warrant that:
9.1.1. You are legally capable of entering into binding contracts; and 9.1.2. You are at least 18 years old; and 9.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
9.2 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.
• All notices sent by you to us must be sent to The Holistic Directory Ltd at 20 Allwood Avenue, Scarning, Dereham, Norfolk NR19 2TF. We may give notice to you at either the e-mail or postal address you provide to us in writing. Notice will be deemed received and properly served 24 hours after an e-mail is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
• If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
• If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
• [Except as set out in these Terms, any variation to these Terms or to the contract between you and us shall only be binding when agreed in writing and signed by us.] OR [ We may vary these Terms (other than the price payable by you for the Membership) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.]
• 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 our site. 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.
• A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
• These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
These terms (Terms) set out the terms for use of The Holistic Directory Forums (Forum), which apply to all users of the Forum. Any submission of material by you to the Forum means that you accept, and agree to abide by, all the terms and conditions of these Terms.
The Forum is fully moderated. Every contribution submitted to the Forum (Contribution) will be checked by us or our moderators for compliance with our content standards (Content Standards) before or as soon as reasonably practicable after it is published.
Although the Forum is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Forum or any other service we provide on our site and we may stop moderating the Forum at any time.
We reserve the right to remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights.
We expressly exclude our liability for any loss or damage arising from the use of the Forum by any person in contravention of these Terms.
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. We, or our moderators, will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
- Be relevant.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Infringe any copyright, database right or trade mark of any other person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be in contempt of court.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us if this is not the case.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
By submitting a Contribution to the Forum, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.
BREACH OF THESE TERMS
- Immediate, temporary or permanent withdrawal of your right to use the Forum.
- Immediate, temporary or permanent removal of any Contribution already posted on the Forum.
- Issue a warning to you.
- Instigate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Take further legal action against you.
- Disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THESE TERMS
We may revise these Terms at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.