This agreement applies as between you, the User of this Website and the Services and CAM Solutions Ltd. a company registered in Scotland under registration number SC405805 whose registered office is at Coach Logic, 9-10 St. Andrew Square, Edinburgh, Scotland, EH2 2AF 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.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal/business information, Payment Information and credentials (user name and password) used by Users to access the Services;|
|“Blog”||means a discussion or post, posted or uploaded to a User Site or to a related social media site such as Facebook™;|
|“Coach Logic”||means the said CAM Solutions Ltd;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations including, but not limited to, text, graphics, logos, icons, sound clips, video clips, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Subscription Services or the Platform; BUT excluding User Content;|
|“Database”||means the database stored on the Platform which contains inter alia User Data;|
|“Documentation”||means User documentation including (but not restricted to) guidelines, instructions and operating manuals (including instructional videos) provided electronically by Us for use with the Services, as periodically updated;|
|“DPA”||means the Data Protection Act 2018 and any modification, amendment or re-enactment thereof;|
|“GDPR”||means Regulation (EU) 2016/679;|
|means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Personal Data”||Has the meaning ascribed to it in the GDPR;|
|“Platform”||means the hardware and software environment in which the Services operate, which comprises one or more server computers (whether virtual or not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;|
|“Purchase Information”||means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at 9-10 St. Andrew Square, Edinburgh, Scotland, EH2 2AF;|
|“Service(s)”||means collectively any online facilities, tools, services or information that Coach Logic makes available through the Website and/or the Platform either now or in the future;|
|“System”||means any online communications infrastructure that Coach Logic makes available through the Website and/or the Platform either now or in the future and whether administered by Coach Logic or by a third party. This includes, the Services and also, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“Update”||means any update, update rollup, service pack, feature pack, critical update, security update, or hotfix that is used to improve or to fix a software product;|
|“Upgrade”||means a software package that replaces an installed version of a product with a newer version of the same product, typically leaving existing customer data and preferences intact while replacing the existing software with the newer version;|
|“User” / “Users”||means you/any third party that accesses the Website and Services and is not employed by Coach Logic and acting in the course of their employment;|
|“User Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of a User Site or the Services and has been uploaded by a User or End User;|
|“User Data”||means data created via a User Site and stored in the Database;|
|“User Site”||means a website created by a User using the Services which shall contain User Content and shall be hosted on the Platform;|
|“Website”||means the website that you are currently using (http://www.coach-logic.com/) and any sub-domains of this site (e.g. subdomain. coach-logic.com) unless expressly excluded by their own terms and conditions.|
|“We/Us/Our”||means Coach Logic;|
These Terms and Conditions and use of Our Website are for non-business customers only. Please consult our consumer terms and conditions located here. The use of Our Website is for non-business, personal use only and must not be used for commercial gain.
3.1 Subject to the exceptions in Clause 6 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.
3.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 6 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:
3.2.1 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.
4.1 The intellectual property rights subsisting in the User Content of User Sites belong to the User to which that/those User Site(s) belong(s) unless it is expressly stated otherwise.
4.2 Where expressly indicated, certain Content available through User Sites and the intellectual property rights subsisting therein belongs to other parties.
4.3 The Content described in this Clause 4, unless expressly stated to be so, is not covered by any permission granted by Clause 5 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 6 continue to apply.
4.4 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.
6.1 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.
6.2 Subject to Clause 6 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 email@example.com or Phone: 07731 945 152.
10.1 In order to use the Services you must create an Account which will contain certain personal and/or business details. By creating an Account you represent and warrant that:
10.1.1 all information you submit is accurate and truthful; and
10.1.2 you will keep this information accurate and up-to-date.
10.2 If you are under the age of Majority in the Territory in which you live:
10.2.1 you cannot open an Account to purchase Services without the consent of your parent or guardian;
10.2.2 you must have the consent of your parent or guardian before you use the Services.
You will be liable for and indemnify Coach Logic against any third party action for breach of this Clause.
10.3 Sharing of accounts is not permitted unless expressly authorised in writing by Coach Logic. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
10.4 Some features of the Service require the payment of a Membership Fee. Membership Fees are detailed here. Your credit / debit card will be billed at the time at which you sign up for such features and monthly thereafter for a minimum contract period of one month and automatically renewing on a monthly basis until cancellation or termination.
10.6 Confirmation emails under sub-Clause 10.5 shall contain the following information:
10.6.1 Confirmation of the Services and features ordered including full details of the main characteristics of those features;
10.6.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and any other additional charges;
10.6.3 A confirmation of your express request that the Services are made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 10.8; and
10.7 Your first payment will be at the price advertised on the Website. We reserve the right to change Membership Fees from time to time and any such changes may affect your recurring Subscription Fees:
10.7.1 increases in price will be reflected in your recurring Subscription Fees; and
10.7.2 decreases in price will not be reflected in your recurring Subscription Fees.
10.7.3 Subscription Fees include Updates but do not include Upgrades. Upgrades will be rolled out at a revised Subscription Fee in terms of Clause 10.7.1.
10.8 Services requiring a Subscription Fee will be made available to you immediately upon Our confirmation of your signing up. When completing the order process you will be required to expressly acknowledge that you wish the Services to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right (if any) to cancel your contract with Coach Logic as detailed below in sub-Clause 10.9.
10.9 If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, premium features requiring the payment of Subscription Fees on this Website are made available immediately upon Our confirmation of your order for them. As set out in sub-Clause 10.8, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
10.10 If you terminate a User Site and/or your Account, your User Site(s) will be taken down immediately and you will be rebilled for the remainder of the minimum contract period of one month, at the end of which rebilling will automatically stop.
10.11 All payments for Subscription Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our chosen payment partner, Stripe™. Payments made via Stripe are subject to Stripe’s own terms and conditions of service and We make no representations or warranties with respect to their services.
11.1 In the event that any of the provisions of sub-Clause 9.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service(s). Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
11.2 If We terminate or suspend your Account as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. If you have signed up for Services, you will not be rebilled after the current month.
11.3 Your access to and right to use the Services will automatically terminate if the owner of the User Site excludes you from the User Site. Please note that we are not responsible for such exclusion and will not be liable to you in any way for such exclusion. You will be entitled to a refund on a pro rata basis. If you have signed up for Services, you will not be rebilled after the current month.
12.1 When using any System on the Website you should do so in accordance with the following rules:
12.1.1 You must not use obscene or vulgar language;
12.1.2 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;
12.1.3 You must not submit User Content that is intended to promote or incite violence;
12.1.4 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;
12.1.5 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;
12.1.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
12.1.7 You must not impersonate other people, particularly employees and representatives of Coach Logic or our affiliates; and
12.1.8 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
12.2 You acknowledge that Coach Logic reserves the right to monitor any and all communications made to us or using our System.
12.3 You acknowledge that Coach Logic may retain copies of any and all communications made to us or using our System.
12.4 You acknowledge that any information you send to us through our System or 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.
12.5 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 12.1.
12.6 You agree that you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use your Blogs, comments, feedback and tweets and other similar User Content in any way we deem appropriate including, but not limited to:
12.6.1 the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of such User Content; and
12.6.2 the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon such User Content.
12.7 Our use of such User Content shall not bestow any rights or interests upon you whatsoever.
12.8 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 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
13.1 In order to procure Services on this Website and/or the Platform and to use the Blogs, forums/chat or similar facilities you are required to create an Account which will contain certain personal/business details and Payment Information which may vary based upon your use of the Website and/or the Platform as we may not require payment information until you wish to make a purchase. By continuing to use this Website and/or the Platform you represent and warrant that:
13.1.1 all information you submit is accurate and truthful;
13.1.2 you have permission to submit Payment Information where permission may be required; and
13.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
13.2 It is recommended that you do not share your Account details, particularly your username and password. Coach Logic accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
13.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Coach Logic immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Coach Logic will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
13.4 When choosing your username you are required to adhere to the terms set out above in Clause 13. Any failure to do so could result in the suspension and/or deletion of your Account.
14.1 If Coach Logic terminates your 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.
14.2 If Coach Logic terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
14.3 Coach Logic reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
14.4 If orders or payments are cancelled for any reason other than due to your breach of these Terms and Conditions, prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
14.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
15.1 Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the You and Coach Logic.
15.2 Interest will be charged on all outstanding sums on a daily basis, at 5% above the base rate of the Bank of England obtaining at the time.
16.1 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.
16.2 Where appropriate, you may be required to select the required package Services.
16.3 Coach Logic does not represent or warrant that such Services will be available. Availability indications are not provided on the Website.
16.4 All pricing information on the Website is correct at the time of going online. Coach Logic reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
16.5 In the event that prices are changed during the period between an order being placed for Services and Coach Logic processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
16.6 All prices on the Website do not include VAT. Coach Logic’s VAT number is: 124846215.
17.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
17.2 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
17.3 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Coach Logic will ensure that any necessary corrections to the Services provided are made within 7 working days.
17.4 Coach Logic reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 17. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
17.4.1 Any use or enjoyment that you may have already derived from the Services;
17.4.2 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.
18.2 Clause 22 of our Terms and Conditions relating to Data Processing which can be viewed here shall apply.
18.3 Users must comply with the terms of the GDPR at all times. Without prejudice to the foregoing, The User hereby warrants, represents, and undertakes that the Personal Data shall comply with the GDPR in all respects including, but not limited to, its collection, holding, and processing.
19.1 We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.
19.2 Save for the discretionary screening and approval of User Sites as detailed in Clauses 9 and 12, 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.
19.3 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.
19.4 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.
19.5 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.
19.6 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.
19.7 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.
19.8 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site 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.
19.9 You must read/watch the Documentation carefully and adhere to it. We shall have no liability for any occurrence caused by your failure to adhere to the Documentation.
20.1 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.
20.2 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. Where anything you have paid for is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
21.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, delict (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.
21.2 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.
21.3 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.
21.4 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.
21.5 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.
21.6 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. The agreement created by these Terms and Conditions is between you and Coach Logic.
25.1 All notices / communications shall be given to Us either by post to Our premises at the address given above or by email to firstname.lastname@example.org. 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.
25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services.
26.1 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.
26.2 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.
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