Website Terms and Conditions

Welcome to our website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. Introduction

1.1.       These terms and conditions (together with the other documents referred to in them) tell you the terms and conditions on which you may make use of our website www.watertightmarketing.com called “WATERTIGHT MARKETING”, including any related Web or Native Application accessed from that address (our site).

1.2.       Please read these terms and conditions carefully before you start to use our site. We recommend that you print a copy of them for future reference.

2. Accessing our site

2.1.       Our site is intended for business use only. By using our site you confirm that you are acting in a business, and not a personal or private, capacity. You must be at least 18 years old to use our site and, to the extent that your use of our site is on behalf of a company or other operating entity, by using our site you confirm that you are authorised to act on behalf of such company or other entity in that regard.

2.2.       By using our site you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use our site.

2.3.       Access to content and other services on our site is made available free of charge to users (the Free Services).

2.4.       When you register with our site as a member you must confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you may not use our site.

2.5.       If you are a member of our site, you will receive access to additional content (the Member Services) subject to these terms and conditions, as set out below.

2.6.       The terms and conditions applying to the Free Services and the Member Services are set out below.

3. Other applicable terms

3.1.       These terms and conditions refer to the following additional terms, which also apply to your use of our site:

3.1.1.  Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site whether as a registered user or as a subscriber, you consent to such processing and you warrant that all data provided by you is accurate; and

3.1.2.  Our Cookies Policy, which sets out information about the cookies on our site.

4. Information about us

4.1.       www.watertightmarketing.com is a site operated by Watertight Marketing Ltd. We are a limited company registered in England and Wales under company number 6664706 and have our registered office at 4 Brynland Avenue, Bishopston, Bristol, BS7 9DT. Our VAT number is 939546477.

5. Changes to these terms and conditions

5.1.       We may revise these terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.

6. The Free Services and the Member Services

6.1.       As part of the Free Services you may access certain content on our site. The content available under the Free Services will be determined by us from time to time, and may include the following selected content:

6.1.1.  access to written materials including book chapters and other articles;

6.1.2. access to workbooks and templates;

6.1.3.  access to blogs;

6.1.4.  recorded podcasts; and

6.1.5.  recorded webinars.

6.1.       Members of our site will be entitled to access the Member Services during the subscription period. This includes the elements available under the Free Services above and, in addition, the following elements or content:

6.1.1.  access (on payment of the applicable fees) to the Watertight Marketing portfolio of products (“Watertight Products”), details of which are set out on the relevant page of our site;

6.1.2.  access to a directory of Watertight Marketing Accredited Consultants (“Consultants”) including a profile for each Consultant, who may provide you with marketing consultancy services in relation to specific marketing projects (Consultancy Services); and

6.1.3.  access to discussion and/or advisory groups following the receipt of (and/or relating to) specific Watertight Products (Mastermind Groups).

6.2.       We may update our site from time to time, and may change the content and/or services we provide on it at any time. However, please note that, although we make reasonable efforts to update the content we provide on our site, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date and we are under no obligation to update it.

6.3.       We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if, for any reason, our site is unavailable at any time or for any period.

6.4.       You are responsible for making all arrangements necessary for you to have access to our site.

6.5.       You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

6.6.       Our site is intended for use in the United Kingdom only. However, wherever you access our site from, you agree that you will only use our site in a manner consistent with these terms and conditions and any and all applicable local, national and international laws and regulations. To the extent that your use of our site is not legal in your jurisdiction, you may not use our site.

6.7.       You may not upload or otherwise submit content to our site except as expressly set out in these terms and conditions.

7.  Our Consultants, access to Consultancy Services and receipt of Watertight Products

Consultancy Services and the Guarantee

7.1.       The directory of Consultants on our site allows you to identify and contact a Consultant operating in your area with the skills you require for your business.

7.2.       Once you have found a Consultant of interest to you, you may make contact with him or her via our site in order to request Consultancy Services.

7.3.       You may also enrol to receive Watertight Products, which (depending on the product in question) may be provided by us or one of our Consultants on our behalf.

7.4.       The provision of the Consultancy Services (including the fees payable by you and any obligation to pay expenses incurred by the Consultant) will be subject to the terms of a separate agreement signed between you and the Consultant (a Consultancy Agreement).

7.5.       The Consultancy Agreement includes the Watertight Marketing guarantee (the Guarantee) which applies to the provision of the Consultancy Services by our Consultants.

Watertight Products

7.6.       Details of the available Watertight Products (including overviews of content, dates and locations etc) will be made available on our site from time to time and/or by our Consultants.

7.7.       You may book via our website or by other methods made available from time to time, in order to receive the relevant Watertight Products.

7.8.       The terms and conditions applicable to the provision of Watertight Products, including the fees payable by you (the Watertight Product Terms and Conditions), will be notified to you when you enrol to receive such product.

7.9.       You acknowledge that the Guarantee does not apply in relation to the Watertight Products.

Mastermind Groups

7.10.    Details of Mastermind Groups (including overviews of issues to be discussed, dates and locations etc) may be made available to you in conjunction with your receipt of a Watertight Product. Mastermind Groups may be run by us or by our consultants on our behalf.

7.11.    In order to attend Mastermind Groups, you may book via our website or by other methods made available from time to time (subject to payment of the applicable fees). Your booking will apply to all future Mastermind Group sessions relating to the specific Watertight Product in question, unless you cancel your booking on no less than two months’ notice to us, such notice to be delivered via the method you used to book the Mastermind Groups in question.

7.12.    You acknowledge that Mastermind Group sessions will involve discussions with other attendees in which their confidential information and business plans may be disclosed. You agree to keep any such information and plans disclosed by other attendees confidential. Furthermore you acknowledge that any information, suggestion, advice or guidance provided to you during a Mastermind Group by us or our consultants, is subject to the provisions of clause 11.4 below,

8. Payment

8.1.       Consultants will invoice you for all fees incurred and due in respect of Consultancy Services.

8.2.       Fees for Watertight Products will be notified to you on application and will be payable in accordance with the Watertight Product Terms and Conditions.

8.3.       Fees for Mastermind Groups will be payable to us in accordance with the terms notified to you on booking. Unless provided otherwise, the fees will be payable at the same intervals as the Mastermind Groups are run, subject to cancellation in accordance with clause 7.11 above. You agree, at our request, to set up a standing order to make such payments to us.

9. Confidentiality

9.1.       We and you will keep confidential all information disclosed by one to the other that is not in the public domain, save to the extent that disclosure is required by law, by a court of competent jurisdiction or by any public body having authority to require such disclosure and provided that any such required disclosure is notified to the other party as soon as reasonably possible.

10.  Intellectual property rights

10.1.    We are the owner or the licensee of all intellectual property rights (i) in our site; (ii) in the material published on it, and (iii) in any communications emanating from us. Those works are protected by relevant intellectual property rights including without limitation copyright. All such rights are reserved.

10.2.    You may print off one copy, and may download extracts, of any page(s) from our site for your use of our site in accordance with these terms and conditions.

10.3.    You must not modify the paper or digital copies of any materials you have printed off or downloaded from our site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text (unless the same are owned by you).

10.4.    Our status (and that of any identified contributors) as the authors of the content provided by us on our site must always be acknowledged.

10.5.    You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

10.6.    If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site (including your subscription, if any) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. No reliance on information

11.1.    The content provided on our site by us is for general information only. It is not intended to amount to advice on which you should rely. You are not at any time obliged to act on any information, suggestion, advice or guidance provided on our site, but if and to the extent that you do, you acknowledge that all decisions and actions taken by you in connection with your business are your responsibility and your own risk and we shall not be liable in that regard.

11.2.    Opinions, statements or other information or content made available on our site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any such information provided on our site; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content uploaded or posted to our site, or transmitted to or by any users.

11.3.    You acknowledge that the provision of the Consultancy Services and receipt of Watertight Products is subject to the terms of the applicable Consultancy Agreement and Watertight Terms and Conditions respectively. You agree that your sole right of action in relation to the provision of the Consultancy Services is against the relevant Consultant(s) providing those services and that you will not initiate, pursue or otherwise attempt to take any action whatsoever directly against us in that regard.

11.4.    You acknowledge that information, suggestions, advice or guidance given by us or our consultants in connection with a Mastermind Group is informal and is not based on a full assessment or consideration of the relevant facts and issues. You are not at any time obliged to act on any such information, suggestion, advice or guidance but if and to the extent that you do, you acknowledge that no guarantee is made by us that such information, suggestion, advice or guidance will benefit your business. All decisions and actions taken by you in connection with your business (including without limitation any implementation of information, suggestions, advice or guidance given in connection with a Mastermind Group) or otherwise are your responsibility and your own risk. If you wish to obtain further advice in relation to any issues raised in a Mastermind Group, you should obtain Consultancy Services in that regard.

12.  Limitation of our liability

THE USER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1.    Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12.2.    In relation to the Free Services (and subject to clause 11.3 above) and your attendance at any Mastermind Groups (and subject to clause 11.4 above):

12.2.1.   to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or to any content on it, whether express or implied; and

12.2.2.   we will not be liable to any user for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable arising out or in connection with use of, or inability to use, our site including your use of, or reliance on, any content displayed on our site and any use of the Services.

12.3.    The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.

12.4.    You may only use our site for business purposes. You agree not to use our site for any personal or private purposes, and we have no liability to you whatsoever for any losses incurred in relation to such use.

12.5.    We will also not be liable to you for any loss or damage to your reputation resulting from your dissemination or revelation of information concerning you. It is your responsibility to decide what information you wish to make available about yourself through our site and we cannot be held liable for any misuse of that information by any other user of our site.

12.6.    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or your downloading of any content on it, or on any website linked to it.

12.7.    Subject to clauses 12.1 to 12.6, our total liability to any user (whether as a registered user or a subscriber), whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions shall be limited to £250,000 per claim.

13.  Prohibited uses of our site

13.1.    You may use our site only for lawful purposes. You may not use our site:

13.1.1.   in any way that breaches any applicable local, national or international law or regulation;

13.1.2.   in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

13.1.3.   to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;

13.1.4.   to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

13.1.5.   to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

13.2. You also agree:

13.2.1.   not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms and conditions;

13.2.2.   not to impersonate any other members;

13.2.3.   not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other members; (ii) any part of our site or its security measures; (iii) any equipment or network on which our site is stored; (iv) any software used in the provision of our site; or (v) any equipment or network or software owned or used by any third party;

14. Interactive services

14.1.    We may from time to time provide interactive services on our site, including, without limitation, chat rooms, bulletin boards, messaging services and any others.

14.2.    Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

14.3.    We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

14.4.    Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

15. Content standards

15.1.    These content standards apply to any and all material which you may contribute to our site, and to any interactive services associated with it.

15.2.    You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any contribution as well as to its whole.

15.3. Contributions must:

15.3.1.   be accurate (where they state facts);

15.3.2.   be genuinely held (where they state opinions); and

15.3.3.   comply with applicable law in the UK and in any country from which they are posted.

15.4.    Contributions must not:

15.4.1.   contain any material which is defamatory or inaccurate of any person;

15.4.2.   contain any material which is obscene, offensive, hateful or inflammatory;

15.4.3.   promote indecent or sexually explicit material;

15.4.4.   promote violence;

15.4.5.   promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

15.4.6.   infringe any copyright, database right, trade mark or other intellectual property rights of any other person;

15.4.7.   contain video, audio photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

15.4.8.   be likely to deceive any person;

15.4.9.   be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

15.4.10.             advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of our site;

15.4.11.             be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;

15.4.12.             be likely to harass, upset, embarrass, alarm or annoy any other person;

15.4.13.             be used to impersonate any person or to misrepresent your identity or affiliation with any person;

15.4.14.             give the impression that they emanate from us, if this is not the case;

15.4.15.             relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or

15.4.16.             disseminate or otherwise disclose another person’s personal information without his or her prior permission, or collect or solicit another person’s personal information for commercial or unlawful purposes.

16. Ending your use of our site

16.1.    We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of our site or receipt of the Services. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

16.1.1.   immediate, temporary or permanent withdrawal of your right to use our site;

16.1.2.   issue of a warning to you;

16.1.3.   further legal action against you; and

16.1.4.   disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

16.2.    The responses described above are not limited and we may take any other action we reasonably deem appropriate.

17. Viruses

17.1.    We do not guarantee that our site will be secure or free from bugs or viruses.

17.2.    You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

17.3.    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

18. Linking to our site

18.1.    You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2.    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.3.    You must not establish a link to our site in any website that is not owned by you.

18.4.    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

18.5.    We reserve the right to withdraw linking permission without notice.

18.6.    The website in which you are linking must comply in all respects with the content standards set out above.

18.7.    If you wish to make any use of any content on our site other than that set out above, please contact us using this form.

19. Third party links and resources in our site

19.1.    Where our site contains links to other sites and resources provided by third parties who are not under our control, including, without limitation, advertisers, these links are provided for your information only. 19.2.    We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.

20.  Applicable law

20.1.    These terms and conditions, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales

21. Trade marks

21.1.    “Watertight Marketing” is a trade mark of Watertight Marketing Ltd.

22. Contact us and complaints

22.1.    To contact us, please use this form.If you have any comments or complaints regarding our website or the services you have received from us, please use this form..

Thank you for visiting our site.

Last updated on 30 July 2015.

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