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NGA Personal Development Club: Terms of Website and Club Use

This document “Terms of Website and Club Use” tells you the terms on which you may make use of our website (nickgirlingassociates.com and nickgirlingassociates.com/personaldevelopmentclub), whether as a guest or as a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using the NGA Personal Development Club either as a guest or visitor, an individual member or as part of a corporate membership which you may or may not have paid for, you agree to and accept to be bound by the terms of use as set out below.

Other applicable terms

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

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, you consent to such processing and you warrant that all data provided by you is accurate. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Nick Girling Associates Limited, Oak Tree House, 22 Acorn Way, Pool in Wharfedale, Leeds, LS21 ITY United Kingdom. .

Information about us

www.nickgirlingassociates.com is a site operated by Nick Girling Associates Limited. Our registered office address is Oak Tree House, 22 Acorn Way, Pool in Wharfedale, Leeds, LS21 ITY United Kingdom. Registered in England No. 8306074: VAT No. 151833813

Changes to these terms

We reserve the right to revise these terms of use at any time by amending this page.

Changes to the site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We have a content manager who is really good at her job, and in saying that we do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing the site

Nickgirlingassociates.com is made available free of charge. The NGA Personal Development Club is for paying subscribing members although free access may be offered from time to time on a temporary promotional basis.

Whilst  we do our best to ensure the functionality of the site, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

Should, through technical difficulties, your membership be interrupted for more than 28 days, and on receipt of a valid complaint in writing, we will compensate on a case by case basis pro rata for the percentage of the membership fee lost. We are not legal eagles and will have open and fair dialogue in the event of a member being unhappy with a view to making you happy again.

Personal membership

A personal membership will cost £75 per year in the UK (Overseas clients will have their credit card charged at their bank's current exchange rate). The start date will be upon acceptence and the renewal date will be exactly twelve months later. A few weeks before the renewal date, we will send you a reminder that your membership will be automatically renewed on the aniversary of your membership, and that your card will be automatically charged again with £75. Should you wish not to renew for a subsquent year then please cancel your subscription through the members admin portal before the renewal date. Failure to do so will automatically result in a further 12 months membership.

Corporate membership

If you have signed up for one of our corporate membership packages we will have agreed a mutually satisfactory renewable yearly contract,  including terms and conditions of use, to which you and your employees must adhere.

Your account and password

As a member of the NGA Personal Development Club, you will be provided with a user identification code and password in order that you may access the club section of the Nick Girling Associates site.

You must not disclose this to any third party nor let a third party use your access log-in details to access and benefit from the site.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Intellectual property rights

Many people claim intellectual property rights, but we know it is impossible to have a right over the art of good listening. Therefore please feel free to print off or download page(s) from our site for your personal use, and you may also draw the attention of others within your organisation to content posted on our site. The more the merrier!

You must not however modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The video tutorials are protected by copyright, as are the actors’ images within those tutorials, and may not be reproduced or copied without permission.

The video library is widely available on the net. If you show any of the film clips in public you must acknowledge the original source

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from Nick Girling Associates Limited. Apart from that – use it in the right way to your heart’s content!

No reliance on information

The content on our site is provided for general leadership, management and communication training purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Limitation of our liability

Nothing in these terms of use 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.

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

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

If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for personal and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

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

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.

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.

Linking to our site

You may not link to our home page or any other page on the NGA site without prior permission, and only then provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the content of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.