ACCEPTABLE USE POLICY
Thank you for visiting our website (www.kimberleybarnardcoaching.com) (our site). This is our Acceptable Use Policy and by using our site, this policy applies to you and you agree with it as part of our Website Terms and Conditions.
The terms in our Acceptable Use Policy may change, so we advise you to check this page as if you use our site, you are bound by it.
This site is run and maintained by Kimberley Barnard Coaching (“Kimberley Barnard Coaching”), a sole trader registered in England and Wales, whose registered office is 53 Neptune Court, The Strand, Brighton Marina, Brighton & Hove, BN2 5SN. Our email address is firstname.lastname@example.org
USE OF OUR SITE
You agree not to use this site for any of the following purposes:
· to break any laws or regulations;
· to do anything fraudulent, or which has a fraudulent effect;
· to harm or attempt to harm minors;
· to do anything with material that does not meet our content standards (these are listed below);
· to copy in any way or re-sell any part of our site;
· to interfere with or damage any part of our site, equipment, network, software or storage arrangements;
· for unsolicited advertising material (known as spam);
· to transmit any data or material that is harmful to other programs, software, or hardware.
Our content standards apply to all material that you contribute either to our site or to any social media groups you may gain access to through the purchase of any of our Services or Digital Products and to all our interactive services.
Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.
Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else's privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else's intellectual property, be used to impersonate anyone, or misrepresent anyone's identity or encourage or assist anything that breaks the law.
Where we provide use of interactive services, we will tell you clearly about the service, we will tell you what form of moderation we use for the site, we will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.
We are not however required to moderate our interactive service and we will not be responsible for any loss or damage to anyone who does not use our site according to our standards (whether or not we have moderated the service).
NOTICE FOR PARENTS
Our services are not intended for the use of minors under the age of 18. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.
SUSPENSION AND TERMINATION
If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the site temporarily or permanently, removing material you have put on the site or any of our social media groups, sending you a formal warning, taking legal action and / or telling the relevant authorities.
We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.
WEBSITE TERMS & CONDITIONS
This website (www.kimberleybarnardcoaching.com) is run and maintained by Kimberley Barnard Coaching, a sole trader registered in England and Wales, whose registered office is 53 Neptune Court, The Strand, Brighton Marina, Brighton & Hove, BN2 5SN . Our email address is email@example.com.
Kimberley Barnard Coaching provides life coaching services (the services) in the form of face to face, remote and online training sessions and the sale of digital products such as online courses (digital products) which may be purchased through the site.
These Website Terms and Conditions (terms and conditions) cover the terms on which you may use the site. By using this site you accept that you are bound by these terms and conditions. If you do not accept them, please do not use the site.
USER RIGHTS OF ACCESS
You have permission for temporary, non-exclusive use of the site. Kimberley Barnard Coaching reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.
You are also not allowed to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources (including our digital products after these have been purchased by you) on the site available to any third party.
You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files and resources when purchasing our digital products. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
You agree to follow our Acceptable Use Policy.
If you allow anyone else to use our site, you must make sure that they read these terms and conditions first, and that they agree to and follow them.
If you do not use the site according to the law and these terms and conditions, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
We may change these terms and conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use of this site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the site in all of the material hosted on the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these terms and conditions and this paragraph specifically. If you do not use the materials in line with these terms and condition and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.
OUR RESPONSIBILITY TO YOU
We do not guarantee the accuracy of material on our site, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
· death or personal injury;
fraud or fraudulent misrepresentation; or
· any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
· loss of profit;
· loss of goodwill;
· loss of savings; or
· loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
LINKS TO OUR SITE OR OTHER SITES
You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.
Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example; introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any 'attack' on the site.
Any dispute arising from these terms and conditions shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.
If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.
If you have any questions or a complaint about the service provided by us please contact firstname.lastname@example.org to make your complaint.
TERMS AND CONDITIONS OF SALE
The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of our digital products for your information. Each time you purchase any digital products from our site, you will be asked to confirm your agreement to the applicable terms and conditions of sale, before you can complete your purchase.
PURCHASE OF DIGITAL PRODUCTS
Kimberley Barnard Coaching offers a range of services, including coaching packages and digital products. You may purchase digital products directly through the site.
These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site to you:
· Digital downloads of audio products to your computer or mobile device
· Digital downloads of video products to your computer or mobile device
· Digital downloads of supporting materials
Each time that you purchase digital products through the site, you will be required to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase anything through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us at email@example.com before placing any order.
By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.
All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.
You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.
You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site.
You are responsible for ensuring that any hardware you use to download and/or access these digital products functions correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.
PLACING AN ORDER
After placing an order for any digital products via our site, you will receive an on screen message and email from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any digital products will only be formed when you have agreed to our terms of sale, we have received payment in full for the digital product you are purchasing and we make the digital product available for download. We reserve the right, in our sole discretion to reject any order we receive.
All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.
Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.
Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.
PRICE AND PAYMENT
The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase for example, part of a Service package.
Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.
By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.
In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not downloaded the digital product made available, have not requested and been accepted to join any of our private social media groups (for example, Kimberley Barnard Coaching private Facebook Group) to which access is offered as part of a purchase from the site, and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.
If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order, or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 30 days of download of the digital product that it is defective at firstname.lastname@example.org . If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.
PURCHASE OF SERVICES
More details on our services can be found on our website. If you wish to purchase services or would like more information on our services, please contact Kimberley Barnard Coaching at email@example.com .
If you purchase any services from us, a separate agreement will be executed between you and Kimberley Barnard Coaching which will be subject to a specific set of terms and conditions suitable for that agreement. It may be that some terms and conditions are the same or similar to those contained in these Website Terms and Conditions and Terms and Conditions of Sale, but they may vary to suit the relevant agreement at that time. Kimberley Barnard Coaching will make those terms and conditions known to you and those will apply to any contractual agreement if you agree and it is concluded.
Kimberley Barnard Coaching (”We”) are committed to protecting and respecting your privacy.
This policy (together with Website Terms and Conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us (your “Information”).
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act) and the EU General Data Protection Regulation (GDPR), the data controller is Kimberley Barnard Coaching of 53 Neptune Court, The Strand, Brighton Marina, Brighton & Hove, BN2 5SN.
Our nominated representative for the purpose of the Act is Kimberley Barnard.
WHAT INFORMATION DO WE USE?
We will collect and process the following data about you:
• Information you give us.This is information about you that you give us by filling in forms on our site www.kimberleybarnardcoaching.com(our site) or by corresponding with us by phone, e-mail or otherwise. It only includes basic personal data required for you to be able to use our site, subscribe to our service, search for a product or service, place an order on our site, participate in discussion boards or other social media functions, enter a competition or promotion or survey and when you report a problem with our site. The information you give us may include your name, address, email address and phone number and financial and credit card information.
• Information we collect about you.With regard to each of your visits to our site we will automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions and operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
• Information we receive from other sources.This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, personal and administrative assistants). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
HOW DO WE USE THIS INFORMATION?
We use information held about you in the following ways:
Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to notify you about changes to our service.
Information we collect about you. We will use this information:
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site for the purposes of ensuring that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive and social media features of our service, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
WHAT WE WOULD ALSO LIKE TO DO WITH THE INFORMATION
At Kimberley Barnard Coaching we take your privacy seriously and will only use your Information as mentioned above.
However from time to time we would like to inform you of our future offers and similar products. This Information is not shared with third party and you can unsubscribe at any time via phone, email or our website.
Please tick the below box to indicate you would like to be informed of any future offers we may carry out:
ð Please sign me up to receive details about future oﬀers from Kimberley Barnard Coaching
HOW DO WE SHARE YOUR INFORMATION?
You acknowledge and agree that from time to time we have the right to share your personal information with:
• Any member of our group, which means our subsidiaries and our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
• Selected third parties including:
• business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;
• analytics and search engine providers that assist us in the improvement and optimisation of our site;
We will disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Kimberley Barnard Coaching or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements; or to protect the rights, property, or safety of Kimberley Barnard Coaching, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE DO WE STORE YOUR INFORMATION?
All Information we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information is located on servers within the European Union.
No third parties have access to your personal data unless the law allows them to do so.
Once we have received your information, we have a Data Protection regime in place to oversee the effective and secure processing of your personal data and we will use strict procedures and security features to try to prevent unauthorised access.
However and unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site at transmission stage; any transmission is at your own risk.
HOW LONG DO WE KEEP YOUR INFORMATION FOR?
We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed.
The Information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information.
WHAT ARE YOUR RIGHTS?
If at any point you wish to know which Information we are processing about you, or if you do not wish for us to process your Information anymore or if you believe the Information we process on you is incorrect or obsolete you can request to see this Information and/or have it corrected or deleted by us by contacting firstname.lastname@example.org
If you wish to raise a complaint on how we have handled your Information, please contact us at the email address above to have the matter investigated.
If you are not satisfied with our response or believe we are processing your Information not in accordance with the law you have the right to complain to the Information Commissioner’s Office https://ico.org.uk/