Terms and Conditions of Use

-TERMS AND CONDITIONS OF USE

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full;

accordingly, if you disagree with these terms and conditions or any part of

these terms and conditions, you must not use our website.

1.3 If you register with our website, we will ask you to expressly agree to these

terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website

or agreeing to these terms and conditions, you warrant and represent to us

that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms

and conditions, you consent to our use of cookies in accordance with the

terms of our privacy and cookies policy.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and

other intellectual property rights in our website and the material on our

website; and

(b) all the copyright and other intellectual property rights in our website

and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website 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 our website

or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes,

and you must not use our website 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 our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another

website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and

electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our

whole website, at our discretion; you must not circumvent or bypass, or

attempt to circumvent or bypass, any access restriction measures on our

website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may

cause, damage to the website or impairment of the performance,

availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or

harmful, or in connection with any unlawful, illegal, fraudulent or

harmful purpose or activity;

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 our website without our express

written consent;

(e) access or otherwise interact with our website 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 our website; or

(g) use data collected from our website 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 our website to contact individuals,

companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website,

or in relation to our website, is true, accurate, current, complete and nonmisleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the

course of a business or other organisational project, then by so doing you bind

both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or

organisational project,

to these terms and conditions, and in these circumstances references to “you”

in these terms and conditions are to both the individual user and the relevant

person, company or legal entity, unless the context requires otherwise.

6. Registration and accounts

6.1 You may register for an account with our website by completing and

submitting the account registration form on our website.

6.2 You must not allow any other person to use your account to access the

website.

6.3 You must notify us in writing immediately if you become aware of any

unauthorised use of your account.

6.4 You must not use any other person’s account to access the website.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a

Username and password.

7.2 Your user ID must not be liable to mislead and must comply with the content

rules set out in Section 13; you must not use your account or user ID for or in

connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any

disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to

keep your password confidential, and may be held liable for any losses arising

out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

at any time in our sole discretion, providing that if we cancel any services you

have paid for and you have not breached these terms and conditions, you will

be entitled to a refund of any amounts paid to us in respect of those services

that were to be provided by us to you after the date of such cancellation; we

will give you reasonable written notice of any cancellation under this Section

8.1.

8.2 You may cancel your account on our website using your account control panel

on the website. You will not be entitled to any refund if you cancel your

account in accordance with this Section 8.2.

9. Subscriptions

9.1 To become a subscriber to our website services, you must pay the applicable

subscription fees during the account registration procedure. We will send you

an acknowledgement of your order. The contract between us for the supply of

the website services shall come into force upon the issue of the order

acknowledgement.

9.2 For so long as your account and subscription remain active in accordance with

these terms and conditions, you will benefit from the features specified on our

website in relation to your subscription type.

9.3 We may from time to time vary the benefits associated with a subscription by

giving you written notice of the variation, providing that, if in our reasonable

opinion such a variation results in a substantial loss of value or functionality,

you shall have the right to cancel your subscription, and we will refund to you

any amounts paid to us in respect of any period of subscription after the date

of such cancellation.

9.4 At the end of any period of subscription for which you have paid, and subject

to the other provisions of these terms and conditions, your subscription will be

automatically renewed and you must pay to us the applicable subscription

fees, unless you cancel the subscription using the cancellation facility on our

website before the date of renewal.

10. Fees

10.1 The fees in respect of our website services will be as set out on the website

from time to time.

10.2 All amounts stated in these terms and conditions or on our website are stated

exclusive of VAT.

10.3 You must pay to us the fees in respect of our website services in advance, in

cleared funds, in accordance with any instructions on our website.

10.4 We may vary fees from time to time by posting new fees on our website, but

this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and

provide full details of your claim.

10.6 If you make an unjustified credit card, debit card or other charge-back then

you will be liable to pay us, within 7 days following the date of our written

request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back

(including charges made by our or your bank or payment processor or

card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the

amounts referred to in this Section 10.6 (including without limitation

legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the

source of an entry on your card statement or other financial statement, and

make a charge-back as a result, this will constitute an unjustified charge-back

for the purposes of this Section 10.6.

10.7 If you owe us any amount under or relating to these terms and conditions, we

may suspend or withdraw the provision of services to you.

10.8 We may at any time set off any amount that you owe to us against any

amount that we owe to you, by sending you written notice of the set-off.

11. Distance contracts: cancellation right

11.1 This Section 11 applies if and only if you offer to contract with us, or contract

with us, as a consumer – that is, as an individual acting wholly or mainly

outside your trade, business, craft or profession.

11.2 You may withdraw an offer to enter into a contract with us through our

website, or cancel a contract entered into with us through our website, at any

time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is

entered into,

subject to Section 11.3. You do not have to give any reason for your

withdrawal or cancellation.

11.3 You agree that we may begin the provision of services before the expiry of the

period referred to in Section 11.2, and you acknowledge that, if we do begin

the provision of services before the end of that period, then:

(a) if the services are fully performed, you will lose the right to cancel

referred to in Section 11.2;

(b) if the services are partially performed at the time of cancellation, you

must pay to us an amount proportional to the services supplied or we

may deduct such amount from any refund due to you in accordance

with this Section 11.

11.4 In order to withdraw an offer to contract or cancel a contract on the basis

described in this Section 11, you must inform us of your decision to withdraw

or cancel (as the case may be). You may inform us by means of any clear

statement setting out the decision. In the case of cancellation, you may

inform us using the cancellation form that we will make available to you. To

meet the cancellation deadline, it is sufficient for you to send your

communication concerning the exercise of the right to cancel before the

cancellation period has expired.

11.5 If you withdraw an offer to contract, or cancel a contract, on the basis

described in this Section 11, you will receive a full refund of any amount you

paid to us in respect of the offer or contract, except as specified in this

Section 11.

11.6 We will refund money using the same method used to make the payment,

unless you have expressly agreed otherwise. In any case, you will not incur

any fees as a result of the refund.

11.7 We will process the refund due to you as a result of a cancellation on the basis

described in this Section 11 without undue delay and, in any case, within the

period of 14 days after the day on which we are informed of the cancellation.

12. Your content: licence

12.1 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, scripts, software and files) that you submit to

us or our website for storage or publication on, processing by, or transmission

via, our website.

12.2 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.

12.3 You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4 You grant to us the right to bring an action for infringement of the rights

licensed under Section 12.2.

12.5 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.

12.6 You may edit your content to the extent permitted using the editing

functionality made available on our website.

12.7 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.

13. Your content: rules

13.1 You warrant and represent that your content will comply with these terms and

conditions.

13.2 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).

13.3 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;

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;

(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 in an explicit, graphic or gratuitous manner;

(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.

14. Report abuse

14.1 If you learn of any unlawful material or activity on our website, or any material

or activity that breaches these terms and conditions, please let us know.

14.2 You can let us know about any such material or activity by email.

15. Health and fitness information

15.1 Our website contains general primary subject matter.

15.2 The primary subject matter is not advice and should not be treated as such.

15.3 The primary subject matter on our website is provided without any

representations or warranties, express or implied.

15.4 Without limiting the scope of Section 15.3, we do not warrant or represent

that the primary subject matter on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

15.5 You acknowledge that all exercise involves a risk of personal injury, including

a small risk of serious injury or death, and agree that you are responsible for

your health and well-being in relation to any exercise programme that you

may undertake, whether or not such exercise programme uses the primary

subject matter published on this website.

15.6 You should not make any changes to your diet, nutrition, lifestyle, activities or

exercise programmes based on the primary subject matter published on our

website without first consulting your doctor or another suitably qualified

professional.

15.7 You must not rely on the information on our website as an alternative to

medical advice from your doctor or other professional healthcare provider.

15.8 If you have any specific questions about any medical matter, you should

consult your doctor or other professional healthcare provider.

15.9 If you think you may be suffering from any medical condition, you should seek

immediate medical attention.

15.10You should never delay seeking medical advice, disregard medical advice or

discontinue medical treatment because of information on our website.

15.11Our website includes interactive features that allow users to communicate

with us.

15.12You acknowledge that, because of the limited nature of communication

through our website’s interactive features, any assistance you may receive

using any such features is likely to be incomplete and may even be

misleading.

15.13Any assistance you may receive using any our website’s interactive features

does not constitute specific advice and accordingly should not be relied upon

without further independent confirmation.

15.14Subject to Section 17.1, we will not be liable to you in respect of any loss,

injury or damage you may suffer as a consequence your reliance upon the

information published on our website.

16. Limited warranties

16.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our

website;

(b) that the material on the website is up to date; or

16.2 We reserve the right to discontinue or alter any or all of our website services,

and to stop publishing our website, 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 the website.

16.3 To the maximum extent permitted by applicable law and subject to Section

17.1, we exclude all representations and warranties relating to the subject

matter of these terms and conditions, our website and the use of our website.

17. Limitations and exclusions of liability

17.1 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;

law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or

limited by these terms and conditions, except to the extent permitted by law.

17.2 The limitations and exclusions of liability set out in this Section 17 and

elsewhere in these terms and conditions:

(a) are subject to Section 17.1; 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.

17.3 To the extent that our website and the information and services on our

website are provided free of charge, we will not be liable for any loss or

damage of any nature.

17.4 We will not be liable to you in respect of any losses arising out of any event or

events beyond our reasonable control.

17.5 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.

17.6 We will not be liable to you in respect of any loss or corruption of any data,

database or software.

17.7 We will not be liable to you in respect of any special, indirect or consequential

loss or damage.

17.8 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 the website 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).

18. Indemnity

18.1 You hereby indemnify us, and undertake to keep us indemnified, against any

and all losses, damages, costs, liabilities and expenses (including without

limitation legal expenses and any amounts paid by us to a third party in

settlement of a claim or dispute) incurred or suffered by us and arising

directly or indirectly out of your use of our website or any breach by you of

any provision of these terms and conditions.

19. Breaches of these terms and conditions

19.1 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 our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that

they block your access to our website;

(f) commence legal action against you, whether for breach of contract or

otherwise; and/or

(g) suspend or delete your account on our website.

19.2 Where we suspend or prohibit or block your access to our website or a part of

our website, you must not take any action to circumvent such suspension or

prohibition or blocking (including without limitation creating and/or using a

different account).

20. Third party websites

20.1 Our website includes hyperlinks to other websites owned and operated by

third parties; such hyperlinks are not recommendations.

20.2 We have no control over third party websites and their contents, and subject

to Section 17.1 we accept no responsibility for them or for any loss or damage

that may arise from your use of them.

21. Trade marks

21.1 VeTribe, 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.

21.2 The third party registered and unregistered trade marks or service marks on

our website 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.

22. Variation

22.1 We may revise these terms and conditions from time to time.

22.2 The revised terms and conditions shall apply to the use of our website from

the date of publication of the revised terms and conditions on the website,

and you hereby waive any right you may otherwise have to be notified of, or

to consent to, revisions of these terms and conditions.

22.3 If you have purchased any of our website services and there subsists a

contract under these terms and conditions in respect of those website

services, we will ask for your express agreement to any revision of that

contract. We will give you at least 30 days’ prior written notice of any

revision. If you do not give your express agreement to the revised terms and

conditions within that period, the contract between us shall be automatically

terminated and you will be entitled to a refund of any amounts paid to us in

respect of website services that were to be provided by us to you after the

date of such termination.

23. Assignment

23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal

with our rights and/or obligations under these terms and conditions.

23.2 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.

24. Severability

24.1 If a provision of these terms and conditions is determined by any court or

other competent authority to be unlawful and/or unenforceable, the other

provisions will continue in effect.

24.2 If any unlawful and/or unenforceable provision of these terms and conditions

would be lawful or enforceable if part of it were deleted, that part will be

deemed to be deleted, and the rest of the provision will continue in effect.

25. Third party rights

25.1 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.

25.2 The exercise of the parties’ rights under a contract under these terms and

conditions is not subject to the consent of any third party.

26. Entire agreement

26.1 Subject to Section 17.1, 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 our website and shall supersede all previous

agreements between you and us in relation to your use of our website.

27. Law and jurisdiction

27.1 These terms and conditions shall be governed by and construed in accordance

with English law.

27.2 Any disputes relating to these terms and conditions shall be subject to the

exclusive jurisdiction of the courts of England.

28. Statutory and regulatory disclosures

28.1 We will not file a copy of these terms and conditions specifically in relation to

each user or customer and, if we update these terms and conditions, the

version to which you originally agreed will no longer be available on our

website. We recommend that you consider saving a copy of these terms and

conditions for future reference.

28.2 These terms and conditions are available in the English language only.

28.3 The website of the European Union’s online dispute resolution platform is

available at http://ec.europa.eu/odr.

29. Our details

29.1 This website is owned and operated by My Castle Property Training LLP.

29.2 Our principal place of business is at 11 Abbott Way, Tenterden, Kent TN30 7BZ, United Kingdom.

29.3 You can contact us:

(a) by post, using the postal address given above; or

(b) using our website contact form.

Data collected to manage your membership

At checkout, we will collect your name, email address, username, and password. This information is used to your account for our site. If you are redirected to an offsite payment gateway to complete your payment, we may store this information in a temporary session variable to setup your account when you return to our site.

At checkout, we may also collect your billing address and phone number. This information is used to confirm your credit card. The billing address and phone number are saved by our site to pre-populate the checkout form for future purchases and so we can get in touch with you if needed to discuss your order.

At checkout, we may also collect your credit card number, expiration date, and security code. This information is passed to our payment gateway to process your purchase. The last 4 digits of your credit card number and the expiration date are saved by our site to use for reference and to send you an email if your credit card will expire before the next recurring payment.

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