Our Terms and Conditions

This is the official bit!

Actually it’s all very standard and here just to make sure everyone agrees to a few basic things whilst using our website...

WELCOME TO THE SOLE COMPANY
www.thesolecompany.com/www.thesolecompany.co.uk

Terms and Conditions for Use and Sales Last updated 10.02.10

1. Acceptance of Terms
1.1 If you continue to browse and use this website and any service contained within you are agreeing to comply with and be bound by the following terms and conditions of use and sales.

1.2 The content of the pages of this website, all downloadable material and all related information is for your general information and use only, and does not constitute advice. Viewers and users of this website accept that they are wholly and solely responsible for their own decisions, actions, and all resulting outcomes.

1.3 The Website provides resources and communication tools including but without limitation teaching/learning/training/self-help material, email, networks, articles, forums and/or other message or communication facilities ("the Services") many of which are designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. Your access to and use of www.thesolecompany.com or www.thesolecompany.co.uk ("the Website") and the Services outlined, are subject exclusively to these Terms and Conditions.

1.4 Any reference to 'We' or ‘The Sole Company’ throughout these Terms and Conditions refers to ‘Marisa Rowe trading as The Sole Company’

1.5 The Sole Company reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

1.6 By using this website you are agreeing not to hold The Sole Company nor any third parties, responsible in any way whatsoever, for any outcomes that may arise from using this website and any associated materials (including but not limited to resources, training courses, products and services)

2. Customer Information

2.1 You will be required to complete the registration process by providing certain information and registering a username and password for use of certain parts of the Website/Services. You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

3. Privacy and Child Supervision

3.1The Sole Company takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

3.2The Sole Company is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use.

3.3 By allowing your child access to the Website/Services you are allowing your child access to all of the Website/Services, including email, networks, articles, forums and/or other message or communication facilities. It is therefore your responsibility to determine which are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Website/Services.

4. Product Pricing and Title

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found, we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the electronic shipment of that order and any related items.

4.2 We reserve the right to alter all product pricing without notice.

4.3 Title in any products ordered from us does not pass to you, the purchaser until we have processed a valid payment, and confirmation has been received that the payment has been successfully received by us and your order has been electronically shipped.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have received payment from you.

5.3 Product items not included within the confirmation email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Cancellation Rights and Refunds

6.1 No right of cancellation exists under The Consumer Protection (Distance Selling) Regulations 2000 for downloaded goods, electronic or “softcopy” goods to which you, the customer have instant access to or use of.

6.2 Refunds will be given for any goods where they are found by us to be defective.

6.3 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

6.4 Where any goods are found to be defective we will offer a replacement item or issue a full refund at our discretion. Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

7. Licence and Use

7.1 In consideration for the applicable fee, The Sole Company grants the purchaser a non-exclusive, non-transferable license to download the purchased resource from the website for personal, non-commercial use only.

7.2 In addition this license permits physical copies (not electronic copies) of the purchased resource to be made and used by the purchaser in one-to-one work, or the delivery of face-to-face teaching or training.

7.3 No branding, copyright or proprietary notices may be removed from any content or resource material at anytime.

7.4 For back-up purposes only, you may retain one electronic copy of a purchased resource.

7.5 No other reproduction, modification, copying, distribution or use of the content and resource material is allowed without written consent of The Sole Company.

7.6 Any relevant fee is payable in full, prior to a resource being made available for electronic download.

7.7 Fees are subject to change without notice.

7.8 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

7.9 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

7.10 Our website cannot be placed within the frame-set of another site.

7.11 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

7.12 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

8. International Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9. Links to third party Websites

9.1 The Website/Services includes links to other websites that are controlled and maintained by others. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). You acknowledge and agree that The Sole Company has no responsibility for the content or availability of the linked website(s).

9.2 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.

9.3 The Sole Company does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to content that is offensive and/or indecent. The Sole Company will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Website/Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

10. Acceptable Uses

The Sole Company will use all reasonable endeavours to monitor the Website/Services but has no obligation to do so. It shall be entitled to review these at anytime and at its sole discretion, remove any material that breaches these Terms and Conditions or is otherwise objectionable.

In using the Website/Services you agree not to:

Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful.
Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise.
Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
Violate any applicable laws or regulations.
Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services.
Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement)
Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or similar.
Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another.
Collect or store personal information about others, including email addresses.
Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages.
Impersonate any person or entity for the purpose of misleading others.

11. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

12. Events outside our control

The Sole Company shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder, industrial dispute or technical system failure.

13. Interruption of service

Due to the nature of computer and telecommunication systems you acknowledge that there may be occasional periods of downtime due to repair, maintenance, upgrading or otherwise. The Sole Company will use all reasonable endeavours to minimise periods of non-availability and give notice when at all possible but cannot guarantee uninterrupted availability of the Website/services. You will have no claim for breach of contract in respect of any such period of non-availability.

14 Copyright and Intellectual Property Rights
14.1 The Website and its content (including without limitation the Website design, text, graphics, buttons, icons, logos, layouts, look & feel, images, databases and all software and source codes connected with the Website and the Services) are the copyright of Marisa Rowe, unless expressly acknowledged as otherwise. They are protected by copyright, trade marks, patents and other intellectual property rights and laws.

14.2 In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

14.3 The Sole Company does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting The Sole Company a world-wide, royalty free, non-exclusive licence to: copy, distribute, transmit, reproduce, publicly display, edit, format, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

In the event that you do not supply a graphic when requested or that the graphic supplied is unsuitable, another appropriate graphic will be used at the discretion of The Sole Company whenever necessary. The ownership of the graphic used in such instances will remain strictly with The Sole Company at all times.

14.4 The Sole Company.com/.co.uk is not an article distribution web site.

All articles on The Sole Company.com/.co.uk are copyrighted by the person who submitted the article to The Sole Company, unless otherwise noted.

Our authors will state the terms of their reprint rights clearly within the body of their articles or at the end of their articles. You may reprint or republish any of these articles as long as the terms found in the body, or at the end of the article, are met.

If permission to reprint or publish is not clearly given by the author within the body of the article or at the end of an article, it is a violation of copyright law to reprint or publish this content.

In the event that any article found on The Sole Company.com/.co.uk does not clearly state the reprint rights, you must obtain explicit permission from the copyright holder prior to making a copy of the article.

14.5 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

15. Termination

15.1 The Sole Company has the right to terminate your access to any or all of the Website/Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. The Sole Company may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

15.2 Where termination is due to the users breach of these terms and conditions, all rights of the user to access, view, download, store, copy and use the Website/Services and any licence for purchased resources, will cease.

16. Indemnity

You agree to indemnify and hold The Sole Company and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the company by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by The Sole Company in consequence of your breach of these Terms and Conditions.

17. Disclaimers and Limitation of Liability

17.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

17.2 To the extent permitted by law, The Sole Company will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

17.3 The Sole Company will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made. All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

17.4 The Sole Company makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

17.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Sole Company for death or personal injury as a result of the negligence of The Sole Company or that of its employees or agents. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

18. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

19. Waiver

Failure by The Sole Company to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

20. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Marisa Rowe trading as The Sole Company. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.

21. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Your statutory rights are unaffected.

Forum Terms and Conditions Last updated 10.02.10

Any reference to ‘We’ or ‘The Sole Company’ throughout these Terms and Conditions refers to 'Marisa Rowe trading as The Sole Company'.

1. Our Forum

Your use of this Forum and any service contained within constitutes acceptance by you of these Terms & Conditions.

2. Eligibility

You must be a minimum age of 18 to register on and use the Forum or you must have parental consent if you are under 18. By registering and using the Forum you warrant that you are 18 or older or have parental consent and understand your obligations under these Terms & Conditions.

3. Registration

3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

4. Specific Forum Rules

4.1 As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.

2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

3. Use or harvest data provided by other users in a way that they would object to.

4. Use data provided by other users for purposes other than contacting them via the Forum.

5. Contact other users in ways they may find inappropriate.

6. Encourage illegal activity or activity that violates the rights of other Forum users or third parties, whether individuals or organisations.

7. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us.

8. To pose as another user, third party or organisation or Sole Company employee for the purposes of obtaining user or third party information.

9. To transmit or transfer any viruses, Trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

10. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.

11. Reframe or repurpose the Forum or any Content on it or remove or obscure any notices or advertising provided by us on the Forum.

12. Load or provide access to Content on the Forum or link to other content from the Forum, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.

13. Make commercial posts or comment spam or attempt to disguise such spam as Content.

14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

15. Use any robot, spider, scraper or other technical means to access the Forum or Content on the Forum.

4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Forum. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.

4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.

5. Content Ownership

5.1 As a user you retain all ownership rights to Content provided by you.

5.2 By submitting, posting or displaying your Content on the Forum you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Forum. This allows us to place your Content on the Forum and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the Forum to ensure that they can be readily displayed for other users.

5.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Forum or on any specific Content pages.

5.4 This licence also applies worldwide because the Forum can be accessed from anywhere in the world, at any time.

5.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Forum. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.

6. Copyrighted Material

6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.

6.2 Where notified of such breaches by the owner we will remove the Content from the Forum as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.

6.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

7. Content Monitoring

7.1 The Sole Company will use all reasonable endeavours to monitor the Forum but has no obligation or responsibility to do so.

7.2 It shall be entitled to review the Content at anytime and at its sole discretion, remove any material that breaches these Terms and Conditions or is otherwise objectionable.

7.3 Users can freely add Content to the Forum. We do not assume any responsibility for Content posted to the Forum. If at any time we decide to monitor the Forum it does not mean that we assume responsibility for removing any Content or the conduct of any users.

8. Termination

8.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time.

8.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 5 and 12.

9. Access

We take all reasonable steps to ensure that the Forum is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the Forum is unavailable for any other reason, whether within or outside our direct control.

10. Disclaimer

10.1 We are not responsible for the accuracy of any Content on the Forum, nor any advertisements placed on the Forum.

10.2 We are not responsible for any links to third party websites from the Forum and the inclusion of any link does not imply an endorsement of a third party website by us.

11. Limitation of Liability

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

12. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Forum or any other service provided by us.

13. Privacy

Use of the Forum is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

14. Severability

15. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

16. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.