Web Site - Terms and Conditions
Introduction These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and bluePANGOLIN Ltd the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. 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.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by bluePANGOLIN Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to bluePANGOLIN Ltdand accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
1.1 - Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of bluePANGOLIN Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of bluePANGOLIN Ltd.
1.2 - Prohibited use
You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
1.3 - Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of bluePANGOLIN Ltd 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.
1.5 - Availability of the Website and disclaimers
Any online facilities, tools, services or information that bluePANGOLIN Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. bluePANGOLIN Ltd is under no obligation to update information on the Website.
Whilst bluePANGOLIN Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
bluePANGOLIN Ltd accepts no liability for any disruption or non-availability of the Website.
bluePANGOLIN Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
1.6 - Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, bluePANGOLIN Ltd accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
1.7 - General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
1.8 - bluePANGOLIN Ltd details
bluePANGOLIN Ltd is a company incorporated in England and Wales with registered number 12041278 whose registered address is Portland House, Belmont Business Park, DH1 1TW and it operates the Website www.bluepangolin.co.uk. The registered VAT number is 325673689.
You can contact bluePANGOLIN Ltd by email on info@bluePANGOLIN.co.uk
1.9 - Attribution
These terms and conditions were created using a document from Rocket Lawyer UK Limited Rocket Lawyer (https://www.rocketlawyer.co.uk).
Programme / Training - Terms and Conditions
2.1 - Introduction
These Terms and Conditions set out the agreement between bluePANGOLIN Ltd and our Clients for the supply and usage of products and services
2.2 - Definitions
Agreed Purposes means the provision of the Services by bluePANGOLIN Ltd to the Client in accordance with these Conditions.
bluePANGOLIN means bluePANGOLIN Ltd - Registered in England & Wales: Company No. 12041278.
Client means the company or individual entering into this agreement.
Commencement Date means the date that the Client provides written confirmation to bluePANGOLIN that the Costings have been agreed.
Costings means the proposal or quotation provided by bluePANGOLIN to the Client.
Data Subject, have the meanings given to them in the Data Protection Legislation.
Data Protection Legislation means (i) the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) for so long as the GDPR is directly effective in the UK; and (ii) any other laws, regulations and secondary legislation enacted from time to time in the UK relating to data protection, the use of information relating to individuals, the information rights of individuals and/or the processing of personal data, including without limitation any act of Parliament giving effect to GDPR or otherwise replacing the Data Protection Act 1998.
Delegate means any person attending a Programme organised by bluePANGOLIN.
Delivery Date means the date that the first Profile Report is provided or the date of the first scheduled consultation call, workshop, training or coaching session.
Fees means the consideration payable for any Programme and is subject to the addition of VAT at the prevailing rate as set out in the Costings or as otherwise agreed between the parties.
Intellectual Property means all patents, utility models, copyright and related rights, trade marks, business and domain names and any other Intellectual Property rights, in each case whether or not registered and including all applications for and renewals and extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
Profile Report means the report generated upon completion of a questionnaire sent to a Delegate or Client.
Programme means any bluePANGOLIN product(s) or service(s) including profiles, workshops, consultation, coaching or training, organised by bluePANGOLIN. A Programme starts on the Commencement Date.
2.3 - Terms of payment
Fees for Profile Reports or any Programme will be invoiced on the Commencement Date, and payable on the date of receipt of the invoice, or as otherwise agreed. bluePANGOLIN reserves the right to require payment for the Programme in full prior to the Delivery Date if the Commencement Date is less than 30 days prior to the Delivery Date. Where the conditions above are not met, bluePANGOLIN reserves the right to charge interest at 2% per month above Bank of England base rate until the Fees are paid in full.
2.4 - Cancellation or alternatives
Should bluePANGOLIN find it necessary to cancel or postpone any programme, the Client will be offered an alternative programme. bluePANGOLIN reserves the right to provide an alternative venue and presenter or instructor to those published.
2.5 - Cancellation fees for programmes
Should a Client cancel or alter any element of a Programme, bluePANGOLIN reserves the right to charge for time and expenses committed on the following basis:
- More than 30 days before the Delivery Date, 25% of the Fees and 100% of expenses committed to.
- Between 29 and 14 days before the Delivery Date, 50% of the Fees and 100% of expenses committed to.
- Within 14 working days before the Delivery Date, 100% of the Fees and 100% of expenses committed to.
2.6 - Consequential loss
bluePANGOLIN does not accept responsibility for any claims for consequential loss suffered by the Delegate and/or the Client following the cancellation or postponement of a Programme. The liability of bluePANGOLIN for the cancellation or postponement of any Programme is limited to the Fees for the Programme.
2.7 - Liability – Property
bluePANGOLIN does not accept responsibility or liability in respect of loss or damage to any property brought to the premises of bluePANGOLIN or any other premises used by bluePANGOLIN for any Programme.
2.8 - Liability – Accident and damage
Whilst on bluePANGOLIN premises or any other premises used by bluePANGOLIN for a Programme, the Client accepts responsibility for its own behaviour or the behaviour of its Delegate(s) in full and undertakes to indemnify bluePANGOLIN against damages and/or personal injury caused to its servants, agents or property as a result of its actions or defaults of the actions of its Delegates. bluePANGOLIN does not accept responsibility for any harmful act or default by its servants or agents unless such actual default is reasonably foreseeable and avoidable by the exercise of due care on behalf of bluePANGOLIN as its employer.
2.9 - Data Protection Compliance
2.10 - Copyright and Intellectual Property
bluePANGOLIN reserves proprietary rights on all Profiles Reports, Programme notes and material provided for a Client or Delegate and no part of any Programme notes or material may be used, reproduced or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or stored in any retrieval system of any nature without the written permission of bluePANGOLIN.
2.11 - Acceptance of terms
No variation can be made to these terms without written consent of an officer of bluePANGOLIN. These terms of business are deemed to be accepted by the Client on signature of the accompanying Summary of Scope of Services document, or written approval of Programme, or provision of Purchase Order, whichever is provided first, or on completion of a Profile questionnaire where none of the above is relevant.