This agreement applies as between you, the End User of this Website and CAM Solutions Ltd. a company registered in Scotland under registration number SC405805 whose registered office is at 14 South Trinity Road, Edinburgh, EH5 3NR trading as Coach Logic, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
If you the End User are under the legal age of majority in the territory in which the Services are being used, the End User must have the consent of that User or End User’s parent or guardian to use the Services including, but without prejudice to the foregoing, any payment terms and use of any System. We shall have no liability in this regard and you will indemnify us in respect of any liability incurred through your breach of this condition.
In these terms the words and phrases shall have the same meanings as they have in Coach Logic’s Terms and Conditions available here
1.1 Subject to the exceptions in Clause 2 of these Terms and Conditions, all Content included on the Website, including any material contained within User Sites that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database is the property of Coach Logic, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international Intellectual Property and other laws.
1.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 3 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically, you agree that:
1.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
2.1 The Intellectual Property rights subsisting in the User Content of User Sites belong to the User/End User (as applicable) to which that/those User Site(s) belong(s) unless it is expressly stated otherwise.
2.2 Where expressly indicated, certain Content available through User Sites and the Intellectual Property rights subsisting therein belongs to other parties.
2.3 The Content described in this Clause 2, unless expressly stated to be so, is not covered by any permission granted by Clause 1 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 3 continue to apply.
2.4 For the avoidance of doubt, the Database shall not be considered User Content.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, films, music and other media and descriptions and designs belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to Clause 3 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Coach Logic or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page and/or the Login page of the Website without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Coach Logic. To find out more please contact us by email at firstname.lastname@example.org.
7.1 When accessing and using a User Site using the Services; you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 Your User Site may not contain any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Site can be lawfully accessed. This does not extend to material which may be automatically blocked in certain jurisdictions but that is lawful in your home country);
7.1.3 Your User Site may not contain any material that is intended to promote or incite violence or any other unlawful conduct against any group, individual or animal. This includes, but is not limited to, the provision of instructions on how to assemble weapons of any kind, bombs, grenades or other explosive devices;
7.1.4 Your User Site must be honest and fair, should not make any unsubstantiated or unsupportable claims;
7.1.5 Your User Site must not be used to sell or offer for sale any item, goods or services;
7.1.6 That Coach Logic determines, in Our sole discretion, is not appropriate for sale through Our Service.
7.1.7 Your User Site may not infringe the Intellectual Property rights of any third party including, but not limited to, copyright, trademarks, patents and designs;
7.1.8 Your User Site may not contain links to other websites containing any of the above types of material;
7.1.9 Your User Site may not contain any material that may contain viruses or other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
7.1.10 Your User Site may not be used for unauthorised mass-communications such as “spam” or “junk mail”;
7.1.11 Your User Site may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service (including, but not limited to, your User Site);
7.1.12 You may not use your User Site to impersonate any person or entity including, but not limited to, any employee, agent or sub-contractor of Coach Logic or any of our affiliates;
7.1.13 You may not use your User Site for phishing purposes;
7.1.14 You may not use your User Site for the purpose of uploading files solely to have them hosted by Coach Logic; and
7.1.15 Your User Site may not contain any material that is adult in nature including, but not limited to, that which is pornographic or otherwise of a sexual nature.
7.1.16 Your User Site must not be used to intimidate, harass or bully any individual.
7.2 Coach Logic does not screen or pre-approve any User Site or User Content submitted for publication (although you acknowledge that Coach Logic may do so if it wishes), however on notification from Users or third parties, We may examine User Sites and such User Sites may be edited and/or taken down.
7.3 Coach Logic may edit your User Site to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1 and 7.2, your User Site may be taken down and your Account may be suspended or terminated. You will not be informed in writing of the reasons for such alterations or take downs.
7.4 By creating and submitting a User Site you warrant and represent that you are the author of the User Content on that User Site or that you have acquired all of the appropriate rights and / or permissions to use it. We accept no responsibility or liability for any infringement of third party rights by User Sites.
7.5 If the Services include support, then Coach Logic will have administration access to the User Site in order to carry out certain elements of support. The terms of Clause 13 shall apply to Coach Logic’s access to the User Site in relation to such administration access.
7.6 Coach Logic will not be liable in any way or under any circumstances for any loss or damage that you or any other User or End User may incur as a result of your use of such User Sites, or Coach Logic exercising its rights under these Terms and Conditions, nor for any errors or omissions in User Sites. Use of and reliance upon User Sites is entirely at your own risk.
7.7 You acknowledge that We may retain copies of any and all communications, information, User Content and User Sites sent to Us or submitted for publication.
8.1 When using any System on the Website you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit User Content that is intended to promote or incite violence;
8.1.4 You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Content can be lawfully accessed;
8.1.5 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
8.1.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.7 You must not impersonate other people, particularly employees and representatives of Coach Logic or our affiliates; and
8.1.8 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2 You acknowledge that Coach Logic reserves the right to monitor any and all communications made to us or using our System.
8.3 You acknowledge that Coach Logic may retain copies of any and all communications made to us or using our System.
8.4 You acknowledge that any information you post on the Blogs, forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
8.5 You agree that you will be solely responsible for your Blog(s) and for any comments you make anywhere on a User Site or this Website or tweeted or re-tweeted to or posted on any social media site. Specifically, you agree, represent and warrant that you have the right to use the User Content that you submit and that your Blog(s), posts, or comments comply with Clause 8.1
8.6 You agree that you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use your Blogs posted on any System in any way we deem appropriate including, but not limited to:
8.6.1 the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of such Blogs; and
8.6.2 the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon such Blogs.
8.7 Our use of such Blogs shall not bestow any rights or interests upon you whatsoever.
8.8 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9.1 In order to access and use the Services on the Website and/ or the Platform and use the Blogs, forums/chat or similar facilities you, the End User must be granted permission to access a User Site created by a User and you must create a profile on the User Site. This profile will contain certain personal/business details which may vary based upon your use of the User Site and/ or the Platform. By accessing and using the User Site and you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to form a User to access the relevant User Site; and
9.1.3 you will keep information submitted in terms of this clause 9 accurate and up-to-date.
Your creation of a profile on a User’s User Site is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your profile details, particularly any username and password you are required to create when creating a profile for access and use of a User Site. Coach Logic accepts no liability for any losses or damages incurred as a result of your profile details User Sites’ details being shared by you. If you use a shared computer, it is recommended that you do not save User Site details or profile details in your internet browser.
9.3 If you have reason to believe that your profile details have been obtained by another without consent, you should contact Coach Logic immediately to suspend your profile on the relevant User Site.
9.4 When choosing your name you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your profile on a User Site.
10.1 With regard to accessing a User Site to access the User Services on a User Site If Coach Logic terminates a User’s Account, you will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If Coach Logic terminates a User’s Account, any current or pending orders or payments on the Account will be cancelled and provision of Services will not commence.
10.3 In the event that any of the provisions of sub-Clauses 7.1and 8.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service(s). Any End Users banned in this way must not attempt to use the Website or Platform under any other name or by using the access credentials of another End User, with or without the permission of that End User.
11.1 Whilst every effort has been made to ensure that all descriptions of Services available from Coach Logic correspond to the actual Services, Coach Logic is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
11.2 Coach Logic does not represent or warrant that such Services will be available. Availability indications are not provided on the Website.
12.1 Provision of Services shall commence when full payment has been received from the User or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
12.2 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
12.3 Coach Logic reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.3.1 Any use or enjoyment that the User and/ or the End User may have already derived from the Services;
12.3.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Coach Logic.
Such discretion to be exercised only within the confines of the law.
13.2 End Users must comply with the terms of the Privacy Legislation at all times. Without prejudice to the foregoing, The End User hereby warrants, represents, and undertakes that the Personal Data shall comply with the Privacy Legislation in all respects including, but not limited to, its collection, holding, and processing.
14.1 We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.
14.2 Save for the discretionary screening and approval of User Sites as detailed in Clause 7, We have neither control over, nor involvement in, any User Sites or User Content and accept no responsibility for any actions taken, or any goods or services provided, by any Users or End Users.
14.3 Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Services.
14.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.5 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
14.6 When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.7 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14.8 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
15.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
15.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
16.1 To the fullest extent permissible by law, We accept no liability to any End User for any loss or damage, whether foreseeable or otherwise, in contract, delict/tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website including the Service and the Content.
16.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
16.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
16.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
16.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Platform failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party.
20.1 The End User hereby acknowledges that upon submitting all comments, suggestions, requests, requirements, improvements, feedback, or other input an End User provides regarding any products or services owned or supplied by Coach Logic or Our Affiliates to Coach Logic, such comments, suggestions, requests, requirements, improvements, feedback, or other input will belong to and be the Intellectual Property of Coach Logic.
20.2 Coach Logic’s use of any comments, suggestions, requests, requirements, improvements, feedback, or other input referred to in Clause 20.1shall not bestow any rights or interests upon the User whatsoever.
20.3 The End User hereby acknowledges that any modifications made to the Services at the request or suggestion of the End User will belong to and be the Intellectual Property of Coach Logic.
21.1 For the purposes of this Agreement “Force Majeure” means in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, acts of god, epidemic or pandemic (natural or man-made) industrial action, civil disturbances, disruption of telecommunications power or other utilities or interruption or termination of security the Internet access provider being used to link the Services to the Internet).
21.2 If any Force Majeure occurs in relation to either party which affects or may affect the performance of any of its obligations under this Agreement, it shall forthwith notify the other party as to the nature and extent of the circumstances in question.
21.3 Neither party shall be deemed to be in breach of this Agreement, or shall otherwise be liable to other, by reason of any delay in performance, or the non-performance, of any of its obligations under, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
21.4 If the performance by either party of any of its obligations under this Agreement is prevented or delayed by Force Majeure for a continuous period in excess of six months, the other party shall be entitled to terminate this Agreement by giving written notice to the party so affected.
22.1 All notices / communications shall be given to Us either by post to Our premises at the address given above or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.
23.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
23.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish courts.