TERMS AND CONDITIONS

Bright yellow coaching is owned and operated but Tracy James, sole trader, whose address is 36 St Marks Road, Maidenhead, SL66DE.

Access to and use of this website is subject to the following terms and conditions. By using this website, you are agreeing to be bound by our Terms and Conditions and our Privacy Policy.

The Terms and Conditions may be changed or updated by Tracy James from time to time and without prior notice. We will indicate at the top of the Terms and Conditions the date on which they were last updated and any use of the site following such a change assumes acceptance of the new Terms and Conditions.

Last updated 16/05/2018

General Terms and Conditions

You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK and any other jurisdiction from which you are accessing the site.

In using the site, you agree that you:

  • will provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by bright yellow coaching
  • will not disclose any unauthorised, false or fraudulent details
  • will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
  • will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy
  • You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with their Terms and Conditions.
  • Bright yellow coaching will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms under which this website is provided

Access to this site is provided on a temporary basis and we reserve the right at any time to

  • withdraw or amend the service without notice
  • to withdraw access to some or all of the site
  • to suspend some or all of the services offered
  • remove goods, featured jobs or promotions from the site
  • cancel your registration and/or account without prior notice
  • report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them
  • deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy

TERMS GOVERNING WEB CONTENT AND ITS USE

Linking to this web site

You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.

  • The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation
  • The link must not suggest any form of association, approval or endorsement on our part where none exists
  • You must not establish a link from any website that is not owned by you.
  • The website must not be framed on any other site.
  • The link must be made to the home page only.

Links to other websites

Our website may contain links to sites not owned or operated by bright yellow coaching. These links are not intended to be referrals or endorsements of the linked sites and bright yellow coaching provide them for your convenience only. Bright yellow coaching is not responsible or liable for any part of the linked site including any information presented. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.

Our website may also contain links to other sites operated by bright yellow coaching. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.

Copyright, Trade Mark and other Intellectual Property Rights

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively "Content") are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by bright yellow coaching or our suppliers. All software used on this website is the property of bright yellow coaching, its suppliers or third-party suppliers as applicable and is protected by UK and international copyright and other intellectual property laws.

Guidelines for use

  • You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as authors of material on the website must always be acknowledged
  • You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors
  • If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made.

Submission and uploading material to our website

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to bright yellow coaching on or through the website or otherwise disclosed, submitted or offered by you to us (collectively "Submissions") shall be and remain the property of bright yellow coaching.

Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to bright yellow coaching of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such bright yellow coaching will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions.

Further, bright yellow coaching shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. bright yellow coaching shall have no obligation to keep confidential, use, return or review any Submissions.

Bright yellow coaching will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.

Legal Clauses

Disclaimer of Liability

The website, its content, any material displayed on this website, any information available on or through this website and the software is provide "as is" and "as available" and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.

Unless expressly stated to the contrary, to the fullest extent permitted by law, bright yellow coaching and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
  • Any loss of goodwill or reputation or
  • Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon

bright yellow coaching does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements.

Nothing in these Terms and Conditions shall limit bright yellow coaching's liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.

Indemnity

You agree to indemnify, defend and hold harmless bright yellow coaching’s directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

Variation

Bright yellow coaching shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning of the term as is permitted by law.

Waiver

If you breach these Terms and Conditions and we take no action, bright yellow coaching will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of England and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Entire Agreement

The above Terms and Conditions, the Privacy Policy, the Coaching Agreement where applicable and any emails regarding the services bright yellow coaching provides constitute the entire agreement of the parties (and in its original condition and the customer) and supersede any and all preceding and contemporaneous agreements between you and in its original condition Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of and in its original