Terms & Conditions
Effective from: 1st October 2019
IMPORTANT LEGAL NOTICE
ATTENTION: These website terms and conditions (“Terms”) applies to the entire contents of the website “Be Fearless Global" under the domain name www.befearlessglobal.com (the “Site”), and sub-domains that we launch and to any correspondence by email between us and you. Please read these Terms carefully before using the Site. Using the Site indicates that you accept these Terms. If you do not accept these Terms, do not use the Site. This notice is issued by IHD Education Ltd (“IHD”, “our”, “us” or “we”).
1. KEY DEFINITIONS
“Account” means an account created by the completion of IHD’s account registration process, as described in clause 5, which enables access to the Site and Services.
“Content” means text, graphics, images, music, software, audio, video, information, documents, resources or other materials.
“Feedback” means Member comments and suggestions for improvements to the Site and Services.
“IHD Content” means all Content that IHD owns and/or makes available through the Site, including the Site domain name (www.befearlessglobal.com, Site design, Site wireframes, and Site functionality; all training Content; the “Pathfinder” brand and materials; the "Be Fearless" brand and materials; and any Content licensed by IHD from a third party, but excluding Member Content.
“Member(s)” means you and/or any other person who is authorised to access the Site and who has an Account.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site including via blogs, stories and comments.
“Services” means the online service provided by IHD to Members that allows Members to view and use the Site Content.
“Site Content” means IHD Content, Member Content and third-party content.
2.1 These Terms govern your access to and use of the Site, Services and all Site Content, and constitutes a binding legal agreement between you and IHD. By accessing or using any part of the Site, Services and Site Content (including by posting any Member Content on the Site), you shall be deemed to have read, understood and accepted these Terms in full (whether or not you are a Member). If you do not accept these Terms in full, you have no right to access or use the Site, Services or Site Content and must leave the Site immediately. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to both you and that company or other legal entity together.
2.2 Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and any specific terms and conditions posted for a specific area of the Site the latter specific terms and conditions will take precedence with respect to your use of or access to that area of the Site.
3.1 IHD reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.
4.1 The Site and Services are for all-comers, and some areas of the Site and Services are for members.
5. ACCOUNT REGISTRATION
5.1 In order to set up a Membership Account you must register with the Site following a carefully designed process on the site.
5.2 You agree to provide accurate, current and complete information during the registration process and to update such information, to keep it accurate, current and complete. IHD reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that each Account is for a single person only and that you will not to disclose or share your password with any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify IHD of any unauthorized use of your Account.
7.1 The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries.
7.2 Except as expressly provided in these Terms, IHD and its licensors exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the Site, Services or Site Content.
8. IHD CONTENT AND MEMBER LICENCE
8.1 Subject to your compliance with these Terms, IHD grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Site Content in each case solely for your personal purposes, and (unless shown as not permitted) download MP3, PDF and PowerPoint files where provision is made for this, with the explicit exception of video content which may not be copied or downloaded or copied under any circumstances or by any means.
Users can use all materials for their own personal development and for the leadership, management and coaching of others even if those others are not licensed members.
8.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, communicate to the public, or otherwise exploit the Site, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by IHD or its licensors, except for the licenses and rights expressly granted in these Terms.
9. MEMBER CONTENT
9.1 IHD may, in its sole discretion, permit Members to post, upload, publish, submit or transmit Member Content and link to third party content. IHD shall have no obligations or responsibility to scrutinise, monitor, verify or check such Member Content or material.
9.2 By making available Member Content through the Site or Services, you hereby grant to IHD a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through or by means of the Site or other Associated Site and on and after expiry or termination of your Account. IHD does not otherwise claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
9.3 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the only author of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to IHD the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, linking, publication, submission or transmittal of the Member Content or IHD’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, rights of confidentiality, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation nor will it be defamatory.
10.1 We welcome and encourage you to provide feedback. You may submit Feedback by emailing us at email@example.com - We make every effort to respond with 48 working hours, often much sooner.
10.2 You acknowledge and agree that all feedback will be the sole and exclusive property of IHD and you hereby irrevocably assign to IHD and agree to irrevocably assign to IHD all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At IHD’s request and expense, you will execute documents and take such further acts as IHD may reasonably request to assist IHD to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
11. GENERAL PROHIBITIONS
11.1 You agree not to do any of the following:
11.1.1 post, upload, publish, submit, provide access to or transmit any Site Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
11.1.2 use, display, mirror or frame the Site, or any individual element within the Site, the Pathfinder name, any Pathfinder trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
11.1.3 access, tamper with, or use non-member areas of the Site, our computer systems, or the technical delivery systems of our providers;
11.1.4 attempt to probe, scan, or test the vulnerability of any IHD system or network or breach any security or authentication measures;
11.1.5 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by IHD or any of our providers or any other third party (including another user) to protect the Site or Site Content or other uses;
11.1.6 attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by IHD or other generally available third party web browsers;
11.1.7 send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
11.1.8 use any meta tags or other hidden text or metadata utilizing an IHD or Pathfinder trademark, logo URL or product name without IHD’s express written consent;
11.1.9 use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
11.1.10 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information;
11.1.11 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content;
11.1.12 interfere with or attempt to interfere with the access of any Member, user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
11.1.13 collect, distribute or store any personal information regarding other Members without their express permission;
11.1.14 impersonate anyone else or misrepresent your affiliation with any person or entity;
11.1.15 violate any applicable law or regulation; or
11.1.16 encourage or enable any other individual to do any of the foregoing.
11.2 IHD will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. IHD may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
11.3 You acknowledge that IHD has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Site Content, but may still do so without reference to you for the purpose of operating the Site and Services to ensure that all Site Content complies with clause 1.1 above, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental bodies.
11.4 IHD reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that IHD, at its sole discretion, considers being inappropriate or objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
12.1 The Site may contain links to third-party websites or resources. You acknowledge and agree that IHD is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IHD of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. SITE ACCESS
13.1 While IHD endeavours to ensure that the Site is normally available 24 hours a day, IHD shall not be liable if for any reason the Site is unavailable at any time or for any period.
13.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the IHD’s control.
14. TERMINATION AND ACCOUNT CANCELLATION
14.1 If you breach any of these Terms, IHD will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you.
14.2 IHD reserves the right to revoke your access to and use of the Site, Services and/or Site Content at any time, with or without cause.
15.1 THE SITE, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, IHD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IHD MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IHD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
15.2 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IHD OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15.3 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT IHD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY MEMBERS OT USERS OF THE SITE OR SERVICES, NOR DOES IHD MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. IHD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OT USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
16.1 You agree to defend, indemnify, and hold IHD, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services or Site Content, or (ii) your violation of these Terms.
17. LIMITATION OF LIABILITY
17.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER IHD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IHD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17.2 IN NO EVENT WILL IHD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED POUNDS (£100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IHD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. PROPRIETARY RIGHTS NOTICES
18.1 All trademarks, service marks, logos, trade names and any other proprietary designations of IHD used herein are trademarks or registered trademarks of IHD. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
19. CONTROLLING LAW AND JURISDICTION
19.1 These Terms and any action related thereto will be governed by the laws England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with the Terms you must do so exclusively in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there.
20. ENTIRE AGREEMENT
20.1 These Terms constitute the entire and exclusive understanding and agreement between IHD and you regarding the Site, Services, and Site Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between IHD and you regarding the Site, Services and Content.
21.1 You may not assign or transfer these Terms, by operation of law or otherwise, without IHD’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. IHD may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
22.1 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by IHD (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted (unless an out of office message is received by the sender).
23.1 The failure of IHD to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IHD.
23.2 Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
23.3 If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
24. CONTACTING IHD
24.1 If you have any questions about these Terms or any questions or concerns with respect to the Site, please contact us at firstname.lastname@example.org - We make every effort to respond within 48 working hours, often much sooner.
25. COMPANY INFORMATION
25.1 IHD Education Limited is a company registered in England with company number 03751002 and whose registered address is at Old Eridge Road, Eridge Green, Tunbridge Wells, Kent, TN3 9JF.