Terms of Service

This website is operated by Growth and Control Limited Limited (company number 6950643) of Farren House, Farren Court, The Street, Cowfold, West Sussex RH13 8BP (hereinafter referred to as “the Service Provider” or “we” or “us”).

 

  1. Definitions

 

“Coaching” means a business coaching service provided by you to your direct clients.

“Content” means all information and tools provided to you as part of the Services whether used on the Website or printed, displayed, reproduced or distributed by you.

“Copyright and License Notice” means the words “Copyright Growth and Control Limited, registered in the UK as company number 6950643. Used under license”.

“Rights” means all vested, contingent and future copyright and analogous rights in the Website, Services and the Content and, on creation, all modifications thereto by the Service Provider conferred by the laws of the United Kingdom and all other parts of the world, all for the full period thereof, including any renewals and extensions, and including all rights of action existing at the date you start using the Services.

“Services” are that part of the Website and the Content accessible to you under your Subscription.

“Subscription” means an account on the Website that provides you with access to the Services, whether paid for or free.

“Terms and Conditions” or “Terms” or “Terms of Service” means this document and any policies referenced herein and/or available by hyperlink

“Website” means www.businesscoachkit.com and all sub-domains, sub-directories and pages thereof

 

  1. General

 

2.1 The Service Provider offers the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

2.2 By visiting our site and creating a Subscription, whether a free or paid version, you engage in our Services and agree to be bound by these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

2.4 Any new features or tools which are added to the Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

2.5 We reserve the right to refuse to provide the Services to anyone for any reason at any time.

2.6 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

  1. License

 

3.1 The Service Provider has created the Website, Services and Content and owns the Rights.

3.2 Your Subscription, governed by these terms, constitutes a license for you to print, display, reproduce or distribute the Content in the provision of Coaching.

3.3 You agree not to remove the Copyright and License Notice from any part of the Content in whatever format the Content is printed, displayed, reproduced or distributed by you.

3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services except in provision of Coaching.  You are specifically excluded from sub-licensing or reselling of the Services to third parties or permitting the reproduction, publishing or exploitation of the Services by third parties.

3.5 You agree to destroy all copies of the Content, and cease printing, displaying, reproducing or distributing the Content, immediately on Termination of your Subscription.

 

  1. Restrictions

 

4.1 You agree not to reverse-engineer or in any other way replicate the Website, the Content or the Services

4.2 You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

4.3 You must not transmit any worms or viruses or any code of a destructive nature.

 

  1. Fees

 

5.1. The Fees for the Service are a monthly subscription based on the Services selected by you as set out on the Website.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of VAT.

5.3. A payment processor will process payment of Fees.  No credit card, debit card or bank account details are made available to or retained by the Service Provider.

5.4. Any fees charged by your debit or credit card provider in connection with your purchase of the Service are for your own account and The Service Provider shall not be responsible for these.

5.5. Fees will be paid in advance of the period of Services to which they relate.

 

  1. Termination

 

6.1 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by cancelling your Subscription.

6.2. We shall be entitled to terminate your Subscription and this agreement and cease to provide you with the Services with immediate effect in the event that you:

(i) fail to pay when due your Fees or;

(ii) in our sole judgement are in breach of these Terms and Conditions.

6.3 Any termination of this agreement, however occasioned, will not affect any accrued rights or liabilities of the other party, nor will it affect the coming into force, or the continuance in force, of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

 

  1. Modifications to the Services and Fees

 

7.1 We reserve the right to alter the fees for the Services for new or amended Subscriptions without notice. 

7.2 We reserve the right to alter the fees for existing Subscriptions on 30 days’ notice by email or other electronic means.

7.3 We reserve the right at any time to modify or discontinue all of, or any part of, the Services or Content without notice at any time.

7.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

 

  1. Third-party Links

 

8.1 Certain content, products and services available via the Website may include materials from third-parties.

8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  1. Privacy

 

9.1 Information provided by you when using the Service is used to provide the Service

9.2 We collect information pertaining to your business

9.3 In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

9.4 Cookies

(i) A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

(ii) We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

(iii) Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

(iv) You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

9.5 You may request details of personal information which we hold about you under the Data Protection Act 1998 and the General Data Protection Regulation. If you would like a copy of the information held on you please write to dataprotection@businesscoachkit.com.

9.6 You may unsubscribe from mailings at any time using the link provided.  You can also request that we delete your information at the same time.

 

  1. Limitation of Liability

 

10.1 In no case shall Growth and Control Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10.2 You agree to indemnify, defend and hold harmless Growth and Control Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

  1. Severance

 

11.1 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

11.2 If any provision on of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable

 

  1. Entire agreement

 

12.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

12.2 These Terms of Service and any policies or operating rules posted by us on the Website or in respect to The Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

12.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

  1. Governing law

 

13.1 This Agreement shall be governed by and construed in accordance with English law.

13.2 Any dispute or difference between the parties arising out of or in accordance with the terms and effect of this Agreement shall be determined by the exclusive jurisdiction of the English courts.

 

  1. Contact information

 

14.1 Questions about the Terms of Service should be sent to us at admin@businesscoachkit.com