Terms & Conditions
Last Updated: 4 March 2016

Please read these Terms & Conditions carefully before using this website or engaging the Services

 1. Agreement between client (“you”) and Clear Skies Coaching Limited

 By using this website, you hereby represent, warrant, understand, agree to and accept these terms (including our Privacy Policy) in their entirety and all other applicable laws and regulations. If you object to anything in these terms, please do not use this website or the Services.

These terms (which shall at all times be deemed to include the privacy policy) are subject to change by us at any time. You must check them for any changes so you can choose whether to continue using the Services. Your continued use of this website or the Services will constitute acceptance by you of such changes.

For the avoidance of doubt, these terms are incorporated into any Services that Clear Skies Coaching Limited provides.

For the purposes of these terms:

  • the “Services” means any of the coaching services that Clear Skies Coaching Limited provides through this website or any other channels (including over the telephone, Skype or email).
  • “our”, “us” or “we” refers to Clear Skies Coaching Limited.

2.  ELIGIBILITY TO USE THIS WEBSITE AND SERVICES; REPRESENTATIONS AND WARRANTIES

To be eligible to use our Services, you must meet the following criteria:

  • Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under applicable law.
  • By using this website or the Services, you represent and warrant that you have the right, authority and capacity to enter into these terms and you commit to abide by all of the terms and conditions hereof.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

     3.1.  Provision of information

  • You agree that you will not provide us with inaccurate, misleading or false information when communicating with us through email, telephone or any other channels.
  • Your use of the Service must be in accordance with any and all applicable laws and regulations.
  • Opinions, advice, statements, offers, or other information or content made available on this website but not directly by clearskiescoaching.com, are those of their respective authors.  Such authors are solely responsible for such content.  We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on this website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on this website. Under no circumstances will we be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on this website or transmitted to or by any user of this website or Service; or b) reviews or comments made about you on this website by other users.

     3.2  Prohibited Uses

  • Should we find that you violated these terms, we reserve the right, at our sole discretion, to immediately terminate your use of this website and Services.
  • Further, in order to protect the integrity of this website and the Services, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing this website.

4. Computer Offences

4.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use this website will end straightaway. We will report you to the relevant authorities and give them your identity.

4.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

4.3 You mustn’t try to get access to our server or any connected database or make any ‘attack’ on this website. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via this website.

5. PRIVACY

We will only use the information you may provide in accordance with our Privacy Policy.  For more information, see our full Privacy Policy, the terms of which are incorporated herein.   

6. LINKS TO EXTERNAL SITES

6. 1 Links from this website to external sites or inclusion of advertisements do not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

6.2 You access them at their own risk.  It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.  We do not control such sites, and are not responsible for their content.

6.3 We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this website.  You hereby agree to hold Clear Skies Coaching Limited harmless from any liability that may result from the use of links that may appear on this website.

7. CANCELLATIONS AND PAYMENT POLICY

7.1   Cancellations/postponements

You agree to provide Clear Skies Coaching Limited with 12 hours’ notice should you wish to cancel or postpone any of the Services which you have agreed to use.

 7.2 Billing and Payment

You agree to pay Clear Skies Coaching Limited the agreed cost for the Services in accordance with the agreement signed between you and Clear Skies Coaching Limited.

8. INTELLECTUAL PROPERTY

8.1 We are the owner or licenses of all intellectual property rights in this website including, but not limited to, logos, graphics, images and in any of the material and documents posted on it. They are protected by copyright and you may only use the material and the documents in accordance with these terms.

8.2 If you breach these terms, you lose your right to use this website, and must destroy or return any copies of documents you have made.

9. NO WARRANTY

9.1 The information and materials contained on this website, including text, graphics, information, links or other items are provided “as is”, “as available”.  Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by clearskiescoaching.com, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content. To the maximum extent permitted by applicable law, we do not: (1) warrant the accuracy, adequacy or completeness of this information and materials; (2) warrant that your use of the Services will be secure, free from computer viruses, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected; or (3) give any warranties of fitness for a particular purpose or non-infringement of third party rights.

9.2 We exclude, as far as possible, all terms and warranties or promises implied by law or by statutes.

10.  Assumption of Risk

You assume all risk when using this website and the Services.

11. Limitation of Liability

11.1 Incidental Damages and Aggregate Liability.  In no event will we be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use this website or Services, including without limitation damages related to any information received from this website or Services, removal of content from this website, or in connection with your ability to access this website or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

11.2 We are not liable for any failure to fulfill our obligations due to circumstances beyond our reasonable control.

11.3 Nothing in these terms limits or excludes, or will be deemed to limit or exclude, our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or liability that may not otherwise be limited or excluded by law.

11.4 You agree that the limitations on liability contained in these terms are reasonable. You also agree that any limitations on liability in these terms apply to you and to also to any person or company associated with you.

11.5 In addition to the preceding paragraphs of this section and other provisions of these terms, any advice that may be posted on the website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.  We make no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through this website.  If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

12.  Indemnification

12.1 You agree to defend, indemnify and hold harmless Clear Skies Coaching Limited from an against any losses, liabilities, damages, claims, demands and judgments arising out of or related to your breach or alleged breach of these terms.

12.2 By agreeing to these, users of this website and Services agree to indemnify, defend and hold harmless Clear Skies Coaching Limited from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by Clear Skies Coaching Limited in connection with any claim by a third party (including an intellectual property claim) arising out of [(i) materials and content you submit, post or transmit through this website, or (ii)] use of this website or Services by you in breach of these terms or in breach of any applicable law.  Users further agree that they will cooperate as reasonably required in the defence of such claims. 

13. CONFIDENTIALITY

13.1 We have the following confidentiality obligations to you:

  • we will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services or if requested, required or permitted by law or any regulatory authority.
  • We reserve the right to use external service providers for document reproduction or scanning as long as they are bound by appropriate obligations to maintain the confidentiality of the information.
  • Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that we have worked for you as long as we do not otherwise break our obligation of confidentiality to you which is set out in these terms.

13.2 Informed consent:

(a) We may be approached by another user of this website in connection with a matter where we already hold information for you (in respect of which we have confidentiality obligations) which may be relevant to that other user. You agree that we may provide services to the other user even though their interests in the proposed matter may be adverse to your own provided that:

  • (i) there is no conflict of interest;
  • (ii) we agree to put in place and maintain appropriate measures to safeguard the confidentiality of the information we hold for you;
  • (iii) we consider it reasonable in all the circumstances for us to provide services to the other user.

(b) You accept in these circumstances that we will be under no obligation to disclose to you any information which it obtains for the other user.

13.3 Your confidentiality obligations:

(a) You will treat all information we give you (other than information which is in the public domain) as confidential. You will not disclose that confidential information to any other person, unless we have given our written consent or as required by law or any regulatory authority to which you are subject.

(b)If you wish to pass to a third party any information we have provided to you and we have provided consent to this, we will not have any liability to them.

 14. COMPLAINTS

Please contact us as quickly as possible if you have any questions or a complaint about our service so that we can try to resolve the situation.

15. JURISDICTION AND CHOICE OF LAW

These terms shall be governed and construed in accordance with the laws of England and Wales. If there is any dispute arising out of this website and/or the Services, by using this website or the Services, you expressly agree that any such dispute shall be governed by the laws of England and Wales, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of England and Wales, for the resolution of any such dispute.

16. MISCELLANEOUS

Nothing in these terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.  Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound.  The invalidity, illegality or unenforceability of any term or provision of these terms shall in no way effect the validity, legality or enforceability of any other term or provision of these terms.  These terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Nothing express or implied in these terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever, including pursuant to the Contracts (Rights of Third Parties) Act 1999.

17. CONTACT INFORMATION

If you have any questions or need further information as to this website or, or need to notify us as to any matters relating to this website or Services please contact us at: deborahmnewton@gmail.com.