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Talking Talent Online - Terms and conditions of use [and coaching agreement]
(a) view pages from TT Online in a web browser;
(b) download pages from TT Online for caching in a web browser;
(c) print pages from TT Online;
(d) stream audio and video files from TT Online; and
(e) use TT Online services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from TT Online or save any such material to your computer.
3.3 You may only use TT Online for your own personal and career development purposes, and you must not use TT Online for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on TT Online.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from TT Online (including republication on another website);
(b) sell, rent or sub-license material from TT Online;
(c) show any material from TT Online in public;
(d) exploit material from TT Online for a commercial purpose; or
(e) redistribute material from TT Online.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
4.1 You must not:
(a) use TT Online in any way or take any action that causes, or may cause, damage to TT Online or impairment of the performance, availability or accessibility of TT Online;
(b) use TT Online in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use TT Online to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to TT Online without our express written consent;
(e) access or otherwise interact with TT Online using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for TT Online; or
(g) use data collected from TT Online for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from TT Online to contact individuals, companies or other persons or entities
4.3 You must ensure that all the information you supply to us through TT Online, or in relation to TT Online, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
7. User login details
8. Your content: licence
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, comments, scripts, software and files) that you submit to us or TT Online for storage or publication on, processing by, or transmission via, TT Online.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media
8.3 You grant to us the right to sub-license the rights licensed under Section 7.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on TT Online.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation (for clarity, your content must not name or otherwise allow for the identification of any other person);
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10. Report abuse
10.1 If you learn of any unlawful material or activity on TT Online, or any material or activity that breaches these terms and conditions, please let us know.
10.2 You can let us know about any such material or activity by email or using our abuse reporting form.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on TT Online;
(b) that the material on TT Online is up to date; or
(c) that TT Online or any service on TT Online will remain available.
11.2 We reserve the right to discontinue or alter any or all of TT Online services, and to stop publishing TT Online, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing TT Online.
11.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, TT Online and the use of TT Online.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
12.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that TT Online and the information and services on TT Online are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. Further, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet. You acknowledge that the TT Online may be subject to limitations, delays and other problems inherent in the use of such communications facilities. We do not warrant that your use of the TT Online will be uninterrupted or error-free.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with TT Online or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed £500.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to TT Online;
(c) permanently prohibit you from accessing TT Online;
(d) block computers using your IP address from accessing TT Online;
(e) contact any or all of your internet service providers and request that they block your access to TT Online;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on TT Online.
14. Third party websites
14.1 TT Online includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.2 We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Trade marks
15.1 Talking Talent Online, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
15.2 The third party registered and unregistered trade marks or service marks on TT Online are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
16.1 We may revise these terms and conditions from time to time.
16.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of TT Online from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using TT Online.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of TT Online and shall supersede all previous agreements between you and us in relation to your use of TT Online.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
21. Our details
21.1 This TT Online is owned and operated by Talking Talent Limited.
21.2 Talking Talent Online is a digital coaching product delivered by Talking Talent LimitedTalking Talent provides coaching programmes designed to help our clients’ employees effectively transition through a period of change or growth.
21.2 We are registered in England and Wales under registration number 05617899, and our registered office and principal place of business is at 102 Crowmarsh Battle Barns, Preston Crowmarsh, Wallingford, Oxfordshire, England, OX10 6SL.
21.3 You can contact us:
(a) by post, using the postal address given above;
(b) using TT Online contact form;
(c) by telephone, on the contact number published on TT Online from time to time; or
(d) by email, using the email address published on TT Online from time to time.