A. TERMS: davidrowan.co.uk
A.1 These terms and conditions outline the rules and regulations for the use of davidrowan.co.uk Website, as defined hereinbelow, and any purchases made directly from the Website or the Facebook community groups, Zoom teleconference, directly through David Rowan and his team over the phone or via any other media by which you are purchasing and availing of the Services or Additional Services (as defined herein) (“Service Platforms”). These terms shall also apply mutatis mutandis to all retreats and group programmes organised by davidrowan.co.uk as well as all 1-1 consulting sessions by David Rowan.
A.2 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
A.3 PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USE OF OR REGISTRATION ON THE DOMAIN WWW.DAVIDROWAN.CO.UK (COLLECTIVELY THE “WEBSITE”) OR ANY OF THE SERVICE PLATFORMS, ANY USE OF THE WEBSITE OR SERVICE PLATFORMS SHALL SIGNIFY YOUR UNDERSTANDING, VERIFICATION AND ACCEPTANCE OF THESE TERMS AND YOU SHALL BE CONSIDERED LEGALLY BOUND IN THIS REGARD. BY ACCEPTING THESE TERMS OF USE YOU ALSO AGREED TO BE BOUND BY OTHER PEP POLICIES INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY.
A.4 Do not continue to use the Website, book a service through the Website, or pay for a programme on this Website or via any Service Platforms if you do not accept all of the terms and conditions stated on this page.
A.5 In addition to being able to purchase the Services, as defined hereinbelow, on this Website, you shall also be able to purchase Services directly through any of the Service Platforms.
B. GENERAL
B.1 The Website and Service Platforms are owned by davidrowan.co.uk a sole trader under the laws of England And Wales with his registered address located at:
2 Canal Cottages, Stanton St Bernard, Marlborough, Wiltshire, SN8 4LS, United Kingdom
B.2 The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Website or the Service Platforms, and accepting the Company’s terms and conditions. The terms shall apply mutatis mutandis to all Service Platforms aside from the Website. “David Rowan”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
B.3 All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether through the Website, other Service Platforms one-on-one online coaching services, live training in the Facebook members’ community, through ZOOM videoconferencing facilities or via any other means as may be updated from time-to-time (“Services”), for the express purpose of meeting the Client’s needs in respect of provision of the Company’s Services, in accordance with and subject to, prevailing laws of England and Wales. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
B.4 Where You access the Services that are provided against payment of a fee, You agree that You will be responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless David Rowan against any unauthorised use of such services by You.
B.5 By using the Website or other Service Platforms and availing of the Services in any other manner as described herein, you will be contracting with David Rowan, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Website or other Service Platforms will constitute the mutual – legally binding – obligations of both You and David Rowan.
B.6 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Website or other Service Platforms.
C. PAID / FREE PROGRAMMES & SERVICES – TERMS & CONDITIONS
C.1 About the paid and free programmes: all paid and free programmes run by us consist of pre-recorded and live sessions scheduled at a pre-defined time. Make sure you are taking all measurements to not delay or postpone the sessions. If You miss a session, there is no way to reschedule it.
C.2 To prepare, here is what you need to know: In order for you to start a live programme with David Rowan you need to request access to the dedicated Facebook Group, Zoom link, or such other access control, to access the live Q & A sessions will be provided by email.ccordingly.
C.3 You confirm that by completing the purchase of the Services or Additional Services, through the Website or any other Service Platforms and being charged the amounts listed therein, You have reviewed the outline of the Services, Additional Services and programmes provided by Us. That you have carried out additional research in this regard and asked any and all necessary questions from Us in order to feel appropriately educated and well-informed in respect of the Services, Additional Services and programmes so purchased. You understand the terms of our refund policy discussed hereinbelow, prior to purchasing these Services, Additional Services and programmes.
C.4 If You are on a periodic payment plan to receive the Services, Additional Services or any other services including but not limited to the retreats organised by Us, any amendments or cancellation thereof prior to expiry of such Services or programmes without the prior written consent of davidrowan.co.uk will incur an administrative charge of £40 in addition to any other charges that may be applicable as per these terms.
C.7 If a payment is missed on a payment plan, there will be a £40 charge and an immediate suspension of access to the Live WhatsApp community until the payment has been resolved in full.
D. THE NATURE OF THE CONSULTING RELATIONSHIP AND PARTICIPATION
D.1 This consulting agreement is between David Rowan and You, the Client.
D.2 The Client enters into the consulting session with the understanding that the Client is responsible for creating his or her own decisions and results. That no guaranteed results of any nature are promised, offered or should be expected.
D.3 It is ultimately the Client’s responsibility for making his or her own decisions to determine the best course of action. David will not prescribe advice; he facilitates and enables a client and provides insights and advice only.
D.4 The Consulting relationship is in no way to be construed as psychological counselling or any type of psychotherapy or medical therapy of any kind. In the event that the client feels the need for professional counselling or therapy, it is the responsibility of the client to seek a licensed professional. The Services are in no way to be construed as any form of medical treatment with any established or claimed benefits whatsoever.
D.5 You understand and recognise that You shall not have a cause of action or legal remedy or be entitled to a refund should You not achieve the results desired following any of our Services, Additional Services or programmes.
D.6 You undertake that you are voluntarily choosing to avail of the Services and Additional Services provided by Us and that you are solely responsible for any outcomes or results.
E. INDEMNIFICATION
The Client shall indemnify and hold David Rowan harmless from any loss or liability arising from any actions taken by the Client that creates third-party liability or that causes loss or damage to davidrowan.co.uk or its affiliates.
F. CONFIDENTIALITY
F.1 All information shared by you while undertaking any of the Services is held to the strictest standards of confidentiality. Except as provided herein, no disclosures of any information shall be made by Us with regard to any information shared by you while availing of the Services. The requirement for confidentiality shall not apply in cases where a direction to disclose information is received from a court of competent jurisdiction. In such cases, We shall keep You informed of all such developments.
F.2 Your confidentiality obligations:
1. For the purpose of the provision of Services and the Additional Services We may furnish to You certain information, which is non-public, strictly confidential and proprietary in nature. Any information communicated to You, whether in oral, written or pictorial form, whether in physical or electronic format, shall be considered by You as non-public, strictly confidential and proprietary. Further, such information communicated to You shall include but not limited to – client lists or contact information, products, processes, methodologies, frameworks, models, ideas, interpretations, brochures, documentation, manuals, software, discs, reports, code, research, working notes, papers and techniques that are either the exclusive intellectual property of davidrowan.co.uk or are even otherwise covered by the obligations herein (referred to as ‘the Information’).
2. The Information, or parts thereof, shall be used by You solely for the purpose of the provision of Services. The Information, or parts thereof, and all copies thereto shall be kept confidential by You and will not be disclosed, in whole or in part to any third-parties.
F.3 You understand that any future use of the Information for any purpose without Our express consent shall constitute a breach of these terms. You understand that any breach of this term may cause Us irreparable harm and shall entitle Us to a remedy, inter alia, of injunctive relief before a jurisdictional court.
RESCHEDULING, CANCELLATION AND REFUND POLICY
G.1 1-1 consulting shall be carried out subject to the mutual convenience and availability of David Rowan and Yourself. At certain times, there may be a need to re-schedule a call for 1-1 services for various reasons, in such scenarios, where We need to reschedule the call, We shall do everything possible to re-schedule the interaction to another mutually agreeable time. Where you require rescheduling a call, We require that you provide Us with at least 24 (twenty-four) hours prior notice if you wish to reschedule a session. Where requests are made in compliance with this requirement, We shall take all measures to reschedule the call for you. However, where you fail to provide adequate notice, We shall be at liberty to treat the call as a ‘no show’ and you shall be liable to cover the cost of the call or forfeit any advance payments already made to book the call.
The client may terminate their live coaching contract at any time in writing. Any moneys owed at the time of cancellation will become due immediately. Refunds for payments made against future sessions will be at our sole discretion.
G.2 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, We can decide to terminate the service to the client early or refuse or be able to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Us where practicable. However, this does not apply in case of a breach of these terms of any other conditions or applicable laws by You, in which case no notice will be provided prior to termination and no refunds shall be processed.
G.3 Subject to as otherwise provided herein, due to the subjective nature of the Services provided by Us and our inability to control Your availability, motivation, external forces, financial situation or level of engagement in the Services, We are not able to offer any refunds once the Services have been purchased.
G.4 Notwithstanding anything contained herein, your rights to refund under the Consumer Rights Act, 2015 shall apply as applicable.
G.5 If you are not satisfied in any way with the Services, we suggest that you contact david@davidrowan.co.uk in the first instance; your feedback will be given the due attention it deserves.
H. ACCOUNT AND SECURITY OBLIGATIONS
H.1 The full use of the Website is only available to You upon providing certain required information, which facilitates the creation of Your account (“Account”). To have access to your Account You will choose your own user name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password.
H.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Service Platforms to You in case it comes to Our notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
H.3 You are obliged to immediately inform Us of any unauthorised use of Your Account or any other breach of security that comes to your notice.
H.4 You are also obliged to logout of Your Account at the end of each session.
H.5 We shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by Us or third-parties as a consequence of Your failure to comply with the aforementioned conditions.
H.6 Restricted access to the Website may also be provided to unregistered Users.
H.7 You may also be granted access to a private group on social media organised by davidrowan.co.uk as a part of your coaching Services and package. You agree to use common sense principles when posting or responding to messages in the group. We urge you to not share private details on public forums and we disclaim all liability with regard to the consequences that may emerge from this. Detailed guidelines on how and what you can post on these platforms is discussed in detail herein.
I. CONTENT AND USE
I.1 By and in consideration of being permitted to use our Services and Additional Services, you grant Us the limited right to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded during the ordinary course from the posts or content posted or shared by You (collectively, “Content”). We promise to utilise your image(s) only on our social media platforms and inside the course programme Membership site as part of evolving course content and teachings. If we require or plan to use your Content for Our marketing and promotional purposes and/or any other commercial purposes in addition to the purposes listed above, we will seek your express permission before doing so. No Content shall be utilised in the latter case unless you expressly give us your consent. No compensation is required or payable in respect of this release. This release applies to all Content.
We further undertake and assure you that we store your Content data in the same manner and with the same care that we use for our own confidential information.
I.2 For sharing of Content by users inter-se or on third-party websites or platforms, all Content shall be governed strictly by the following creative commons licence regime – http://creativecommons.org/licenses/by-nc-nd/3.0/ . It is expressly clarified that in so far as sharing of the Content is concerned; Users are restricted from sharing video and other multimedia content on third-party forums or otherwise. Any breach of this term shall entitle Us to immediately terminate your Account without notice or refund.
I.3 For all other content, posted by David Rowan, available on our Website or Service Platforms or our third-party service providers including any trademarks, trade names or similar discernible marks that uniquely identify our products and services, slogans and catchphrases, design aspects of the site, icons, scripts, and service names (“davidrowan.co.uk Content”) davidrowan.co.uk shall retain all proprietary rights. The davidrowan.co.uk Content is protected under the laws of England and Wales as well as international intellectual property laws. You as the User shall be granted a limited, revocable, non-licensable licence by davidrowan.co.uk to view the davidrowan.co.uk Content. You shall use the davidrowan.co.uk Content only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell or create any derivate works based on the davidrowan.co.uk Content. Unless otherwise stated, We and/or our licensors own the intellectual property rights for all material on the Website and other Service Platforms. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these terms and conditions. We take the violation of intellectual property very seriously and any violation of davidrowan.co.uk Content shall grant us the right to immediately end your access to any Services or participation in any programmes. No refund or compensation shall be offered to you in such eventuality. Further, We reserve the right to prosecution and other remedies available to us in law. If you desire to use the information on our Website or Service Platforms other than by viewing it for your personal use, we are considering offering licenses to do so. If this of interest to you, please contact us for further details. However if you are found using the information other than as explicitly allowed by this agreement, we will notify you and bill you accordingly.
I.4 Our trademarks, a part of the davidrowan.co.uk Content, help consumers identify davidrowan.co.uk as the source of the information or materials bearing the logo, slogan, or other trademarked design. They may not be used by You in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the brand.
I.5 The same limitations that apply to Your use of the davidrowan.co.uk Content also applies to Content posted by other Users.
I.6 You further agree that in respect of third party Content, including but not limited to Content uploaded by other Users, that davidrowan.co.uk shall be in no way responsible or liable for any such Content. davidrowan.co.uk assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties.
I.7 You represent and warrant that:
(a) you own the Content posted by you on the Website and other Service Platforms;
(b) your Content does not violate the privacy rights, copyright rights, or other rights of any person;
(c) by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party;
(d) any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and
(e) you are not sharing or posting any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Website and other Service Platforms, as applicable, except as provided herein.
I.8 Any interactions, agreements between You and other Users or advertisers are made completely independent of Us. We are not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold Us harmless against any such dispute.
I.9 In order to protect Users from unwanted advertising and solicitation, We may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website or other Service Platforms shall not be used in any manner to abuse, harass or harm any other Users or third-parties using any of the Service Platforms.
I.10 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
I.11 In addition to the Content prohibited by law, You agree that you will not post any Content that:
(i) is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;
(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
(iii) harasses or advocates stalking or harassment of another person;
(iv) involves the transmission of “junk mail” or unsolicited mass mailing, or “spamming”;
(v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by intellectual property law, such as providing pirated computer programmes or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(x) except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
(xii) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
(xiii) otherwise violates the terms of these Terms of Use, the applicable law or creates liability for Us (“Prohibited Content”).
I.12 Any use of the Website and other Service Platforms in violation of these Terms of Use may result in, among other consequences, termination or suspension of your rights to use these Service Platforms and to avail of the Services and Additional Services. We may disclose information about your use of the Website and other Service Platforms in accordance with our privacy policy.
I.13 We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates these User Terms or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Website or other Service Platforms (or modifying it), terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Website and other Service Platforms.
I.14 You will use the Website and other Service Platforms in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Website and other Service Platforms are, except for the exceptions carved out herein, for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
I.15 You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
J. THIRD-PARTY INTELLECTUAL PROPERTY
J.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. If you believe that your intellectual property rights are being used on the Website and other Service Platforms in a way that constitutes an intellectual property infringement, please provide us the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law – that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
J.2 Contact information for notice of claims of intellectual property infringement is as below: david@davidrowan.co.uk
K. COMMUNICATIONS
K.1 Your use of the Website and other Service Platforms or communications with Us are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from Us as and when required.
L. EXPRESS DISCLAIMERS
L.1 Client understands that You must participate and abide by any programme or Service conditions in full to see results. While many of our Clients have experienced wonderful and fulfilling experiences in the past and David Rowan and his team shall act in their full capacity to ensure your success, please understand that this cannot be guaranteed and that no representations or warranties are given regarding assured individual results. You agree to hold harmless davidrowan.co.uk and its affiliates if You do not experience desired results. This disclaimer extends to all expected personal, professional, financial or other outcomes as a result of participating in the programmes or availing of the Services or Additional Services.
L.2 You understand that We are not doctors, lawyers, nurses, financial advisors, psychics, licensed therapists or otherwise and You agree to hold Us harmless should any physical, emotional or financial injury occur as a direct or indirect consequence of availing of the Services or Additional Services.
L.3 We do not make any warranty regarding the truthfulness or veracity of the Content. We expressly disclaim that the views expressed by Users on the Website are their own and We do not endorse the same merely because they are posted on the Website. Further, We shall not be liable for any false, libellous or mala fide views expressed in the Content on the Website and other Service Platforms. In the case of such Content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of Our policies, affected parties are advised to contact our customer service team at support@davidrowan.co.uk with the details of such violation to enable us to take appropriate action.
L.4 We are further not responsible for:
i. any incorrect or inaccurate Content (including any information in User profiles) posted on the Website and other Service Platforms, whether caused by Users or by any of the equipment or programme associated with or utilised in the Website and other Service Platforms.
ii. the conduct, whether online or offline, of any User of the Services.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website and other Service Platforms or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials from the Website and other Service Platforms.
v. any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website and other Service Platforms or transmitted to Users, or any interactions between Users whether online or offline.
L.5 The Website and other Service Platforms and Services are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and other Service Platforms and Services will meet Your requirements; (b) the Website and other Service Platforms will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website and other Service Platforms will be accurate or reliable.
M. USE
M.1 You agree, undertake and confirm that Your use of Website and other Service Platforms and Services shall be strictly governed by the following statutory and non-statutory principles:
M.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of “junk mail” or unsolicited mass mailing;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(h) violates or promotes the violation of a third-persons intellectual property rights;
(i) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(k) contains video, photographs, or images of another person (with a minor or an adult);
(l) tries to gain unauthorized access or exceeds the scope of authorized access to the Website and other Service Platforms and Services;
(m) solicits gambling or engages in any gambling activity which We in our sole discretion, believes is or could be construed as being illegal;
(n) interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(o) refers to any website or url that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(p) harms minors in any way;
(q) violates any law for the time being in force;
(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(s) impersonates another person;
(t) contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(u) threatens the unity, integrity, defence, security or sovereignty of the UK, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
(v) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
M.2 You shall not use any automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and other Service Platforms and Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and other Service Platforms and Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website and other Service Platforms and Services. We reserve the right to bar any such activity.
M.3 You shall not attempt to gain unauthorized access to any portion or feature of the Website and other Service Platforms, or any other systems or networks connected to the Website or other Service Platforms or to any server, computer, network, or to any of the services offered on or through the Website or other Service Platforms, by hacking, password “mining” or any other illegitimate means.
M.4 You shall not probe, scan or test the vulnerability of the Website or other Service Platforms or any network connected to the Website or other Service Platforms nor breach the security or authentication measures on the Website or other Service Platforms or any network connected to the Website or other Service Platforms. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website or other Service Platforms, or any other customer, including any account on the Website or other Service Platforms not owned by You, to its source, or exploit the Website or other Service Platforms or any service or information made available or offered by or through the Website or other Service Platforms, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website or other Service Platforms.
M.5 You shall not misuse or otherwise violate the intellectual property rights of davidrowan.co.uk or any third-party User of the Website or other Service Platforms. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website or other Service Platforms.
M.6 You may not use the Website or other Service Platforms or any content for any purpose that is unlawful or prohibited by law, these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of davidrowan.co.uk or third-parties .
M.7 You shall at all times ensure full compliance with the applicable provisions of the all domestic laws in force in England And Wales, as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.
M.8 Solely to enable Us to use the Personal and Non-Personal Information You supply – You agree to grant Us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights You have in the Personal and Non-Personal Information, in any media. We will only use the information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website and other Service Platforms and Services.
M.9 It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website and other Service Platforms and Services, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website and other Service Platforms and Services. Please carefully select the type of information that You publicly disclose or share with others on the Website and other Service Platforms and Services.
N. COOKIES
N.1 We employ the use of cookies. By using the Website and other Service Platforms and Services you consent to the use of cookies in accordance with Our privacy policy – linked here
N.2 Most modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. For our detailed cookie policy refer here.
O. HYPERLINKING TO OUR CONTENT
O.1 The following organisations may link to our Website or Service Platforms without prior written approval:
1. Government agencies;
2. Search engines;
3. News organisations;
4. Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Web sites of other listed businesses; and
5. System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
O.2 These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
O.3 We may consider and approve in our sole discretion other link requests from the following types of organisations:
1. Commonly-known consumer and/or business information sources such as Chambers of Commerce, Consumers Union etc;
2. Community sites;
3. Associations or other groups representing charities, including charity giving sites, online directory distributors;
4. Internet portals;
5. Accounting, law and consulting firms whose primary clients are businesses; and
6. Educational institutions and trade associations.
O.4 We will approve link requests from these organisations if we determine that:
(a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organisation does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.
O.5 If you are among the organisations interested in linking to our website, you must notify us by sending an e-mail to david@davidrowan.co.uk.
O.6 Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
O.7 Approved organisations may hyperlink to our Website as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
4. No use of PEP’s logo or other artwork will be allowed for linking absent a trademark license agreement.
P. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that any notices or disclosures we are required to provide to you now or in the future may be provided to you in electronic form.
Q. DISCLAIMER OF WARRANTIES
USE AT YOUR OWN RISK THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY PART OF IT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT YOUR STATE LAW ALLOWS FOR SUCH DISCLAIMERS.
R. GOVERNING LAW
By using the Website or the Service Platforms, you agree that any dispute related to these terms or with davidrowan.co.uk will be governed by the laws of United Kingdom, without regard to principles of conflict of laws, and you agree to submit to personal jurisdiction of United Kingdom.
S. AMENDMENTS AND OTHER MATTERS
We may make changes to the site, our offerings or information, and these terms at any time and without prior notice. If any of these terms is deemed invalid for any reason, that term shall be severable and the remaining terms shall be given their maximum effect. By using this site, you certify that you are over the age of eighteen. If you make a purchase on this Website or through other Service Platforms you are subject to this agreement and others, including our no refunds policies, if any.
T. FRAMES
Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Website and other Service Platforms and Services.
U. RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
V. REMOVAL OF LINKS FROM OUR WEBSITE OR SERVICE PLATFORM
If you find any link on our Website OR Service Platform or any linked web site objectionable for any reason, you may contact us about this via david@davidrowan.co.uk. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this Website and Service Platforms is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that these platforms remain available or that the material on these platforms is kept up to date.
W. DISCLAIMER
W.1 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and other Service Platforms and Services and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
W.2 The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
W.3 To the extent that the Website and other Service Platforms and Services and the information and services on the Website and other Service Platforms and Services are provided free of charge, we will not be liable for any loss or damage of any nature.
Credit & Contact Information
Registered Office is:
David Rowan
David Rowan, 2 Canal Cottages, Stanton St Bernard, Marlborough, Wiltshire, SN8 4LS, United Kingdom
david@davidrowan.co.uk