Welcome to the Terms of Service for davidmellormentoring.com (“Terms of Service”). The services available at davidmellormentoring.com are provided by David Mellor Mentoring Ltd (“David Mellor Mentoring”, “we”, “us” or “our”), located in Crawley, UK.
It is important that you read these terms carefully. The Terms of Service describe the terms and conditions applicable to your use of our services available under the domain at http://www.davidmellor mentoring.com (the “Site”). Amongst other things, they exclude or restrict our liability for loss or damage arising from your use of the Site.
By accessing and using the content of the Site you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy. If you do not agree to be bound by the Terms of Service, you should not use the Site and should leave immediately.
Copyright
All intellectual property of David Mellor Mentoring such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Site remain the property of David Mellor Mentoring.
By using the Site you agree to respect the intellectual property of David Mellor Mentoring and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Site.
Using the Site
You agree that you shall not use the Site for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Site in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Site. You also agree not to compromise the security of the Site or attempt to gain access to secured areas or sensitive information.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of David Mellor Mentoring and the appropriate third party, as applicable; (iii) or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. We do not authorise you to extract or re-utilise parts of our Site, or to make systematic and repeated extractions or re-utilisations of parts of our Site.
You may not provide a link to this web site from any other web site without first obtaining David Mellor Mentoring’s prior written consent.
User verification on the Internet is difficult, hence David Mellor Mentoring cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our feedback rating system will help you to evaluate the user with whom you are dealing. You must not take any actions that may undermine the integrity of the feedback system. We may limit the number of items you may place on the Site and your other activities on the Site based upon the level of your feedback.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
You must choose a password on completion of registration. You are responsible for all actions taken under that password and shall only use or utilise the Site using your own password. You must use every effort to keep your password safe and should not disclose it and not permit, either directly or indirectly, any other person to utilise your password.
Your Information
The definition of “Your Information” is defined as any information you provide to us or other users in relation to the David Mellor Mentoring service including registration, listing promoted items or feedback process (including, without limitation, any description of items or promotions listed) and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
Your conduct
Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, offensive, discriminatory, scandalous, or in breach of copyright, confidence, privacy or any other rights or which might cause annoyance or inconvenience;
c. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent, pornographic or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under the Terms & Conditions; (bb) or you do not have a right to link to or include;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
Material submitted by you
To enable David Mellor Mentoring to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known.
David Mellor Mentoring reserves the right to reject the posting, modification and/or removal of any content at David Mellor Mentoring’s discretion without any advance notice to the individual or business entity submitting and/or viewing the content in question. Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication. David Mellor Mentoring may not be held accountable for any harm, injury, misrepresentation and/or loss of monies resulting from such actions, whether intentional or unintentional. We do not accept any obligation to protect you from unsafe items listed for sale on our Site.
Your use of other users’ information
In order to facilitate interaction among all David Mellor Mentoring members, our service allows you limited access to other users’ contact information. As a buyer you have access to contact information of the vendor.
By accepting the Terms of Service, you agree that, with respect to other users’ personally identifiable information that you obtain through the Site or through a David Mellor Mentoring-related communication or David Mellor Mentoring-facilitated transaction, you may only use such information for: (a) David Mellor Mentoring-related communications that are not unsolicited commercial messages and relate to your genuine participation in a David Mellor Mentoring-facilitated transaction, (b) using services offered through David Mellor Mentoring and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.
David Mellor Mentoring and our users do not tolerate spam or unsolicited commercial communications.
Membership eligibility
The Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services.
If you are registering as a business entity, you represent that you have the authority to bind that entity to the Terms of Service.
No cancellation
You acknowledge that we will commence supplying our services to you as soon as you have sent a promotion form to us and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction. However, you will have the opportunity to edit a promotion following posting to the Site.
Merchant payment
The Site’s payment terms are clearly stated on invoices issued to merchants. Valid methods of payment include card payment, cheque or bank transfer. Certain services require payment in advance of that service being delivered. Should the amounts owing to the Site not be paid within the specified time period for the services ordered, the Site reserves the right to automatically charge the amount owing to the card details held. The card details are stored in a secure and encrypted database.
Promotion and content description
If you are a vendor, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction. You must describe your item being promoted and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.
A vendor posting a promotion that requires presentation of a voucher agrees to honour that voucher when presented in accordance with the vendor’s proposed terms and conditions for the promotion and other applicable trading terms.
Exclusion of David Mellor Mentoring’s liability
The information contained in the material on the Site is only for information purposes and is provided on the understanding that the Site is not engaged in rendering advice and should not be relied upon when making (or refraining from making) any related decision or taking (or refraining from taking) any action. David Mellor Mentoring makes no warranties or representations as to its accuracy or reliability.
David Mellor Mentoring does not make any warranty or representation as to the accuracy or fitness for purpose of any material on the Site. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. We can not provide any representation or security of any components of the Site. Our web site and our services are provided “as is” and as and when available, with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Site. David Mellor Mentoring makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.
David Mellor Mentoring (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will under no circumstances be liable for indirect, special or consequential damages, however arising, including negligence, or any economic losses (including without limitation, loss of business, revenue, profits, contracts, anticipated savings or data), any loss of goodwill or reputation in relation to the performance of, your use of or inability to use the Site. Nothing within this agreement will operate to exclude any liability for death or personal injury arising from the negligence of David Mellor Mentoring.
We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.
In the event that you have any right, claim or action against any other user arising from that user’s use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release David Mellor Mentoring (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms of Service (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in the Terms of Service.
Breach
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach the Terms of Service or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
Third party material and advertisements
This Site contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by David Mellor Mentoring in good faith. David Mellor Mentoring do not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and David Mellor Mentoring specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and David Mellor Mentoring takes no responsibility for such material.
In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and David Mellor Mentoring will have no liability to you in respect of the same.
The Site may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.
All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that David Mellor Mentoring has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of David Mellor Mentoring or of any third party.
General
If any provision of the Terms of Service are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
You agree that the Terms of Service and all incorporated agreements may be automatically assigned by David Mellor Mentoring, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Terms of Service set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Service.
David Mellor Mentoringreserves the right to amend any part of the Terms & Conditions at any time without notice and your use of the Site will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service. David Mellor Mentoring has complete discretion to modify or remove any part of this Site without warning or liability arising from such action.
Governing law and jurisdiction
This agreement shall be governed by and construed in accordance with English law and any user of the Site hereby agrees to be bound exclusively by the jurisdiction of the English courts without reference to rules governing choice of laws.