Terms

The Brand Coach Ltd - Website Terms of Use


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR
PURCHASING A PRODUCT/SERVICE/PACKAGE


1. Use of Site and Services
By accessing and browsing this website or purchasing a Product/Service/Package from Deborah O’Grady; owner at The Brand Coach Ltd (herein referred to as the 'Company’) it will be deemed that you (the ‘Client’) accept these Terms of Use without limitation or qualification. Together, they form the agreement between the Client and The Brand Coach Ltd of 6 Huby Park, Huby, Leeds LS17 0EE.
When you register your details with the Company and/or this Site, you consent to receive communications electronically by way of email. These communications may consist of notices, announcements, agreements, disclosures, reports, documents, communications concerning new
products or services, or other records or correspondence from the Company.

2. Confidential information
The Company agrees that all information received by the Client in accordance with these terms; the personal, financial or other affairs of the Client will be treated in full confidence and will not be revealed to any other persons, firms or organisations.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy (detailed in section 12. Privacy Policy), in whole or part, please do not use this Site.

3. Accuracy of information and availability of the Site
While the Company makes all endeavors to ensure that the Site is accurate, up-to-date and free from bugs, the Company cannot promise that it will be. Furthermore, the Company cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on
this Site is at your own risk. Content is provided for your general information purposes only and to inform you about the Company, our products, packages, and other services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
Whilst we try to make sure that the Site is available for your use as much as possible, we do not promise that the Site will be available at all times nor do we promise the uninterrupted use by you of the Site. The Company reserves the right to suspend or terminate operation of / access to the Site at any time as the Company sees fit.

4. Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. The Company has no control over third party websites and accepts no legal responsibility for any content, material or information
contained in them. The display of any hyperlink and reference to any third party website does not mean that the Company endorses that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site.

5. Intellectual property & copyright

Under the Copyright, Designs and Patents Act 1988, The Brand Truth Framework (known in this document as 'Works') is the intellectual property of The Brand Coach Ltd. The Brand Coach Ltd does not and will not give permission to any third party to use this process as their own nor any of the
Intellectual Property Rights in the Works. If any third parties use this process or any products/services/packages produced by the Company in full or in part for their business, attempts to use this process, uses the questions outlined or any other creation of process created by the Company for their own business a claim will be made against the third party. Copyright of your brand ID (logo) produced by the Company stays with the Company until all invoices
relating to the work are paid in full, after which copyright transfers to the Client. The Company reserves the right to use the work as an example in the promotions of the Companies services. 

6. Trademarks

All trade names, trademarks, and images and biographical information of people used in the Company content and contained in the Site, including without limitation the name and trademarks
"The Brand Coach", “The Power of Your Brand”, “The Brand Truth Framework” and "Unleash Your Power" are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of
Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise,
any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are
being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at deborah@thebrandcoach.co.uk. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant
copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

7. Payment terms
The Client authorises the Company to charge the Client’s credit card or debit card according to their request to pay in full or installments. If the Client elects to pay by instalments, the Client is liable to pay the full amount, even if the Client later decides to no longer use or be part of the product or service signed up for. Refunds outside of statutory rights are not offered on these products or services. Any missed or outstanding payments may result in the debt being passed to a debt collection agency and interest charged. 
If an agreement is made between the Client and the Company to end or postpone our agreement for any reason, you’ll be liable for all fees accrued up to and including the date of termination or postponement. Any deposits you pay the Company are non-refundable. Payment is not dependent on results generated by the provided product, service or package purchased
by the Client.

8. Licencing
All purchased products/services/packages are licensed for use by the registered individual only. Access will be cancelled if more than 1 person is found using the product either in part or in full and any payments will be non-refundable. If a multi-person licence is required for any product/service/package please email support@thebrandcoach.co.uk

9. Results
The Company provides services diligently and do our best to promote the Client interests. But the Company can’t guarantee the success of the Clients business, the achievement of any objective agreed with the Client or the consequences of recommendations being followed. The Client accepts
full responsibility, and neither The Brand Coach Ltd nor The Director Deborah O’Grady take any responsibility, for the success or failure of the Clients products, services or packages and for achieving sales targets or other measures of commercial performance. The Client also takes full responsibility for interpretation and application of products/services/packages provided, as neither The Brand Coach Ltd nor Deborah O’Grady or her team will be liable for any errors in information provided.

10. Termination

When you purchase any of the services, packages or products provided by the company and in addition to any other rights or remedies we may have, the Company may terminate this Agreement and remove access to the services, packages or products with immediate effect if:
(a) you have breached any of the terms of this agreement;
(b) you have acted dishonestly, fraudulently, defamatorily or in a way which in the Companies reasonable opinion might adversely affect our goodwill or reputation or our ability to deliver the Service or other Services to other participants; or
(c) you cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure;

10. Indemnity
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable legal fees, arising out of or relating to your breach of the Terms of Use, any violation by you of law or
the rights of any third party, any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, your use of the Site or any services that the Company may provide via the Site, and your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

11. Force Majeure
The Company shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic/pandemic or other outbreak, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Privacy Notice

This privacy policy sets out how The Brand Coach Ltd uses and protects any information that the Client provides. The Brand Coach Ltd are committed to ensuring that the privacy of the Client is protected. The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation will replace current data privacy law, giving more rights to the Client as an individual and more obligations to organisations holding personal data. One of the rights is a right to be informed, which means The Brand Coach Ltd have to give the Client more information about the way in which the Clients personal information is used, shared and stored.

What is personal data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data The Brand Coach Ltd may hold about the Client include contact and appointment details.

Who are we?

Deborah O’Grady is the data controller at The Brand Coach Ltd; 6 Huby Park, Huby, Leeds, LS17
0EE. Tel: 07748 947 155. Email: deborah@thebrandoach.co.uk. This means we decide how your personal data is processed and for what purposes.
Whose information does this privacy notice apply to?
This privacy notice applies to information The Brand Coach Ltd collect from:
● Clients
● Prospective clients
● Former clients
● Visitors to our website

What we collect and how?
The type of information The Brand Coach Ltd collect about the Client include:
● Your name(s).
● Your contact details such as telephone number(s) and email address(es).
● The purpose of your contact
● Any company documentation provided

Data is collected when a user registers, purchases or uses our services, completes a contact form, a contract, signs up to a newsletter and/or answers and provides a completed questionnaire.

What we do with the information we collect?
The Brand Coach Ltd use this information to understand the Client needs and provide the Client with
a better service and in particular for the following reasons:
● Internal record keeping; account set up and administration
● To improve our services
● To deliver marketing communications

How do we process your personal data?
We comply with our obligations under the GDPR by keeping personal data up to date; by storing and
destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. We use your personal data for the purposes set out above. The Brand Coach Ltd uses your name, address, telephone number and
email address along with any company documentation provided. This information is stored on Dropbox, which means this data is transferred out of the EU to the US both covered by the EU-U.S.
Privacy Shield. The Brand Coach Ltd are unable to send or receive encrypted emails so the Client should be aware that any emails sent or received may not be protected in transit. The Brand Coach Ltd will also monitor any emails received, including file attachments, for viruses or malicious software.
Please be aware that the Client has a responsibility to ensure that any email sent to The Brand Coach Ltd is within the bounds of the law.

Website users (all data collected electronically)
When someone visits The Brand Coach Ltd website, we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. The Brand Coach Ltd do this to find out things such as the number of visitors to the various parts of the site. This
information is processed in a way that does not identify anyone. The Brand Coach Ltd does not make and does not allow Google to make any attempt to find out the identities of those visiting The Brand Coach Ltd website. If The Brand Coach Ltd does want to collect personally identifiable information through our website, we will be upfront about this. We will make it clear when we collect personal information and will explain what we intend to do with it. The Brand Coach Ltd uses website cookies to improve the user experience of our website by enabling our website to ‘remember’ users, either for the duration of their visit – using a ‘session cookie’ – or for repeat visits – using a ‘persistent cookie’.

The website search is powered by Kajabi. Search queries and results are logged anonymously to help us improve our website and search functionality. No user-specific data is collected by us or any third party. The BrandCoach Ltd uses third party services from iThemes Security Pro and IP Geo Blocker to help maintain the security and performance of our website. To deliver this service it processes the IP addresses of visitors to our website. The Brand Coach Ltd uses a third-party service, Kajabi, to host our website including publishing our blog. This site is hosted at Kajabi. The Brand Coach Ltd uses a Google Analytics & Facebook Pixel to collect anonymous information about users’ activity on the site, for example, the number of users viewing pages on the site, to
monitor and report on the effectiveness of the site and help us improve it. Kajabi requires visitors that want to post a comment to enter a name and email address. For more information about how Google processes data, please see: https://policies.google.com/privacy and for Facebook please
see https://www.facebook.com/full_data_use_policy.

Sharing your personal data
The Brand Coach Ltd does not and will not sell, distribute or lease your personal information to others. We never disclose information about a customer to any other person or organisation without your consent. 

How long do we keep your personal data?
The Brand Coach Ltd keeps your personal data for no longer than reasonably necessary. We keep payment records for 6 years due to HMRC regulations, after that time we shred these records. Facebook Pixel is automatically deleted after 28 days. Google Analytics is automatically deleted after 14 months, the minimum amount of time and then every month thereafter. Personal
data such as phone numbers & email addresses are kept on iCloud and Dropbox.

If Deborah O’Grady becomes incapacitated due to illness or death an executor has been instructed to inform all current clients and delete all digital records. At any time the Client may request that changes are made to your contact details.

Your rights and your personal data
Unless subject to an exemption under the GDPR, the Client has certain rights with respect to your personal data as set out below.
● The right to request a copy of your personal data which we hold about you.
● The right to request the correction of any personal data if it is found to be inaccurate or out of date.
● The right to request your personal data is erased where it is no longer necessary for such data to be retained.
● The right to withdraw your consent to the processing at any time. This right does not apply where we are processing information using a lawful purpose other than consent.
● The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable) [This right only applies where the processing is based on consent or is necessary for the performance of a contract with you and in either case we are processing the
data by automated means].
● The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
● The right to object to the processing of personal data, (where applicable) [This right only applies where processing is based on legitimate interests (or the performance of a task in the
public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics].
● The right to be informed if your data is lost. We shall also inform the Information Commissioner’s Office in accordance with the time limits in the GDPR.
● The right to lodge a complaint with the Information Commissioner’s Office. For further details about these rights please see the Information Commissioner’s website at https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/Further processing
If The Brand Coach Ltd wishes to use your personal data for a new purpose, not covered by this Privacy Notice, then The Brand Coach Ltd will provide the Client with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, The Brand Coach Ltd will seek your prior consent to the new processing.

Contact Details
To exercise all relevant rights, queries or complaints please in the first instance contact us at The Brand Coach Ltd, 6 Huby Park, Huby, Leeds, LS17 0EE. You can contact the Information Commissioner’s Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

13. Governing Laws & Jurisdiction
This agreement is governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.

Last Updated: 22nd May 2020

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