Terms and Conditions

General Use of the Inspiring Website

1.1. In these Terms and Conditions, “we” or “us” refers to the Inspiring Business Performance (IBP) Ltd..

1.2. You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site (for example, if you wish to download or access diagnostic tools posted on the Site from time to time) will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.

1.3. We, in our sole discretion, will have the right to refuse to allow you to register to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration of the Site.

1.4. When you register with the Site you will be asked to enter your personal information as appropriate. Should you wish to change your personal details, or wish us to cease marketing, please contact us.

1.5. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Data Protection Policy and you accept our Data Protection Policy.

1.6. You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.

1.7. In order for you to browse and/or use the Site your computer must comply with the minimum technical specifications set out within the Site’s Accessibility page, as they may be amended from time to time (and if so we will notify you of any such changes by posting a notice on the home page). We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access, play or otherwise use the Site or any content contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.

1.8. The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.

1.9. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.

1.10. We have the right, but not the obligation, to monitor any activity associated with the Site. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or preventing your accessing the Site).

Registration

2.1. In order to access certain pages or functionality of the Site you must first register with the Site using our online registration process. In doing so, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process; and (ii) maintain and promptly update that information to keep it true, accurate, current and complete.

2.2. Upon registering you will be required to provide us with a valid email address and a password. You will be asked to provide this email address and password once for each time you subsequently visit areas on the Site requiring registration. In addition, but in accordance with these Terms and our Privacy Policy, we shall use the email address you provide us with to contact you with information about the Site, your registration and your use of the Site and its contents.

2.3. You are responsible for maintaining the confidentiality of your email address and your password and are fully responsible for all activities that occur whilst you are logged in. You agree to (i) immediately notify us of any unauthorised use of your login email address and password or any other breach of security; and (ii) ensure that you exit from your login at the end of each session. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

2.4. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.

Conduct and use of the site

3.1. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3.2. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

3.3. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

3.4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

3.5. You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

3.6. Notwithstanding any other provisions of these Terms, you shall not

(i) impersonate any person or entity or misrepresent your affiliation with a person or entity;

(ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Site user;

(iii) make available, introduce into or direct to the Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) violate any applicable local, state, national or international law, rules or regulations;

(vi) “deep link” to any portion of the Site;

(vii) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission;

(viii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

(ix) display any of the Site in a frame (or any of our content via in-line links);

(x) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; and/or (xi) assist any third party in engaging in any activity prohibited by these Terms.

Copyright and Copyright Protection

4.1. This Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site provided by us is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content provided by us and made available on the Site.

4.2. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.

4.3. Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this.

Modification, Suspension and Termination

5.1. We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.

Warranties and Limitation of Liability

6.1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6.2. We do not warrant or represent that: (i) the Site will meet your requirements, (ii) access to the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that (v) any errors in any data or software will be corrected.

6.3. You expressly understand and agree that we shall not be liable for, and to the fullest extent permissible by applicable national and international law we hereby exclude or limit our liability in respect of, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Site; or (iv) any other matter relating to the Site.

6.4. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

General Legal Provisions

7.1. We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on the Site’s homepage. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.

7.2. We may alter these Terms at any time and your use of the whole/any part of the Site following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Site.

7.3. These Terms shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully.

7.4. If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.

7.5. These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.

Standard Documents

IBP Standard Terms and Conditions

IBP Rolling Contract Terms and Conditions V1 oct14docx

IBP Cancellation Policy Jan 15 V2

IBP Data Protection Policy V1 April 2014

IBP Confidentiality Policy V1 April 2014

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