Facebook Competition Terms
1. General information
1.1. These Terms and Conditions govern your use of the Adaptive Consultancy Ltd website, previous websites and any software provided by Adaptive Consultancy for use with these sites.
1.2. Adaptive Consultancy Ltd (“Adaptive Consultancy” or “we”) provides this website (the “Site”) to you, subject to terms and conditions of use (“Terms” or “Agreement”). Please read these carefully before using the Site as they affect your rights and responsibilities under UK law.
1.3. By viewing or using the Site you agree to be legally obligated by these Terms and Conditions and our Privacy Policy. These Terms and Conditions include policies and guidelines included by reference in these Terms.
2. Definitions
Adaptive Consultancy uses the following words to describe the following groups of users.
2.1. Customers and individuals whom customers grant access to their Adaptive Consultancy account are called “Subscribers”.
2.2. Customers who offer promotions via the Site are called “Sponsors”.
2.3. Any person who enters competitions organised by the Site are called “Entrants”.
These Terms apply to all users (“Users”) of the Site which includes the groups described above; forum and blog posters and infrequent visitors.
3. Restrictions
There are age-related restrictions regarding use of the Site.
3.1. Young people must be a minimum of 13 (thirteen) years old to use the Site.
3.2. Sponsors and Subscribers must be 18 (eighteen) years old to register for an Adaptive Consultancy account.
4. Changes
4.1. We reserve the right to amend/remove or extend these Terms and Conditions or any individual policy or guideline/s relating to the Site.
4.2. We will notify you of any changes made via the email address you provided at the time of registration or any personal identification data. These changes will immediately come into force.
4.3. If you disagree with the changes then there is a no-obligation option to cancel your account, unless there are any outstanding payments due.
4.4. Your continued use of the Site signifies your agreement to these changes. Review these Terms and Conditions plus any additional information so that you understand how they apply to personal use.
4.5. If you do not agree then you must stop using the Site. Any queries regarding this to be emailed to us at info@adaptiveconsultancy.com
5. Privacy Policy
The Adaptive Consultancy Privacy Policy at www.adaptiveconsultancy.com/our-values/privacy-policy contains information about the collection and storage of personal data. By using our Site you agree to this in accordance with our Privacy Policy.
6. Registration Data and Account Security
Registration for an Adaptive Consultancy account means you agree to the following conditions:
• Provide precise, up to date information
• Ensure that your password is safe and secure
• Monitor and update your registration information
• Accept the risk of unlawful access to your registration information.
• Accept responsibility for costs and activity on your account.
7. Pricing
7.1. Adaptive Consultancy reserves the right to make changes to the pricing structure but 30 days prior notice will be given. Your continued use of the Site indicates your acceptance of these changes: any change in the pricing structure is not applicable to the payment period in which this change occurs.
7.2. Payments to Adaptive Consultancy for services provided on the Site are non-refundable unless otherwise stated and in writing.
7.3. Any misuse of the Site will be followed by termination of your account. Payments for your use of the Site are non-refundable.
7.4. If we cancel your account for any reason apart from misuse then we will refund your registration fee and any outstanding payments.
7.5. Information about pricing can be found on our Site at www.AdaptiveConsultancy.com/pricing.
8. Ownership
8.1. All content on the Site, including images, logos, text, sound and video files etc, which is provided by users is known as “User Content” and remains the property of the users.
8.2. You have personal responsibility for this Content. We do not accept liability for this Content or responsibility for damage or loss this Content causes you or other users.
8.3. Adaptive Consultancy has limited rights to “User Content” in the form of limited licenses. All other content and software available on the Site or used to manage the Site is owned by Adaptive Consultancy and its partners.
8.4. All business names, logos, registered trademarks and product names featured on the Site are the personal property of their owners. Any reference to these is not a recommendation or offer of support by Adaptive Consultancy.
8.5. We reserve the right to remove any User Content from the Site and at any time.
8.6. We collect and store information during the normal day to day running of the Site. This content then becomes our property.
9. Limited licenses
9.1. Adaptive Consultancy does not own your content but retains the right to use your User Content, in extenuating circumstances, to maintain functionality of the Site and the continuation of services, now and in the future. We will ask for your permission to use any aspect of your User Content which includes the display of that item on the Site.
9.2. Your permission to collect information or the dissemination of User Content grants Adaptive Consultancy and partners/affiliates non-exclusive, royalty-free rights to this Content. This Content can be displayed, amended, copied, shared or published on the Site in ways in which it is intended to be used.
9.3. You own and regulate all rights to the User Content, data and information posted on the Site which you have granted permission to Adaptive Consultancy to collect and store.
9.4. The use of this User Content does not contravene these Terms or the rights of you or any other person. It equally applies to intended use of your Content by other Site users or third parties.
9.5. Non-exclusive licenses are defined as being available for you to use in any way you so choose. Their royalty-free status means that we are not obligated to pay you for using your Content on the Site.
9.6. We have the right to transfer these licenses to any successive operator of the Site.
10. Conditions of use of your User Content
10.1. The granting of a non-exclusive, royalty-free, limited license means that you agree to be bound by the following conditions of use as stated in these Terms:
• You can view, copy or print sections of your User Content but for personal use only.
• You must not alter, reproduce or make copies of the Content or the Site as stipulated in these Terms unless otherwise directed.
• You must not remove or alter any trademarks, logos or copyright symbols which are included in the Content.
• You must not use data mining techniques or robots to obtain information.
• You must use the Site for its intended purpose
10.2. Any breach of these conditions will result in the cancellation of your licence, this Agreement and your account with Adaptive Consultancy.
10.3 Any unauthorised use may violate copyright and trademark laws.
10.4. Adaptive Consultancy retains the right to cancel your licence at any time.
10.5. You agree to abide by the conditions of use and will not impede the rights of other users and third parties. You will not undertake any action which may lead to a breach of contract or have legal ramifications.
11. Breaches of copyright and other violations
11.1. Adaptive Consultancy will investigate any suspected or actual breaches of copyright or intellectual property violations relating to its websites and servers.
11.2. If a breach of copyright or violation is found then action may be taken irrespective of the extent of the offence which includes the removal of potentially libellous information.
11.3. We may notify the owner or administrator of the site in question so that they are aware of the offence and offer a defence.
11.4. In cases of repeated violations, Adaptive Consultancy will disable or cancel access to its websites and servers.
11.5. All claims regarding alleged breaches of copyright or other similar violations must be made in writing to Adaptive Consultancy.
11.6. Any false claims made in your name in regard to breach of copyright or intellectual property violations are liable for damages and legal costs. Obtain legal advice before proceeding.
12. Conditions of use re: interactive areas of the Site
12.1. You may post content, e.g. messages within interactive areas of the Site, including discussion forums and advertising/promotional areas. You are responsible for any actions you take in these areas and do so entirely at your own risk.
12.2. All User Content submitted to interactive sections of the Site is treated as non-confidential. Familiarise yourself with the guidelines of use before proceeding.
12.3. Using any of the interactive areas of the Site means that you agree NOT to post, upload, create or disseminate Content such as images, videos and text as described below:
• Content that is defamatory, libellous, obscene, pornographic, harassing, fraudulent or abusive in nature.
• Content which encourages criminal behaviour or violates the individual rights of a person or flouts UK law.
• Content which infringes copyright law, trademarks, trade secrets or intellectual property rights.
• Content used for identity fraud
• Content used for the purpose of unsolicited promotions, advertising or political campaigns.
• Content in which third party information such as names, addresses or credit card details are revealed without prior permission.
• Content known to be harmful such as viruses, trojans and corrupted files.
• Content which we suspect to be fraudulent in nature
• Content which may violate these Terms or the rules set by the promotion sponsor.
• Content which is unrelated to the interactive areas
• Content which in the opinion of Adaptive Consultancy, is offensive or restricts another person’s use of the interactive areas or the Site.
• Content which may expose Adaptive Consultancy or its users/partners to liability.
12.4. Adaptive Consultancy adopts a zero tolerance policy towards the use of SPAM: we forbid users from sending unsolicited messages or other material to third parties where permission has not been given. You must abide by the guidelines governing the use of SPAM and ethical marketing practices. A failure to do so will result in denied access to the interactive areas and the suspension or cancellation of your account.
13. Security
13.1. Adaptive Consultancy is committed to providing its users with a safe and secure environment. We recognise the seriousness of this issue and work hard to ensure that your Content or data is protected against unauthorised access.
13.2. But no system is 100% foolproof and the Internet is no exception. It is an unregulated system and as such, you need to be aware of its limitations in regard to security and reliability. Your decision to use the Site means that you understand and accept these risks and use this of your own free will.
13.3. This particularly applies to users who provide credit card details. They accept the risks incurred from supplying this information and take steps to ensure that it is safeguarded at all times. Credit card information is supplied by Subscribers who have responsibility for its protection.
14. Links to other websites
14.1. The Site has links to third party websites which may be of interest to users. These external sites include payment systems, sponsors, subscribers and social media platforms which you can access as part of your interaction with the Site.
14.2. We do not have any control or regulation of these third party sites which you use entirely at your own risk. Adaptive Consultancy does not endorse or sponsor these sites and has no responsibility for content management of third party sites.
14.3. We would advise you to review the guidelines and policies, including data protection and privacy of third party sites before entering into any form of transaction with them.
14.4. The Terms and other policies related to the Site no longer apply when you leave it to access a third party website or content.
15. Promotions
15.1. The Site will feature promotions and other media tools which are available for your use. The Sponsors of these promotions and/or media have a duty to ensure that they comply with all rules and regulations.
15.2. Review the terms, privacy policy and any other official guidelines relating to a promotion or media as your agreement is sought before access is granted.
15.3. Adaptive Consultancy is not responsible for the success or failure of a Sponsor to comply with rules and guidelines related to a promotion or media.
15.4. You acknowledge that Adaptive Consultancy has no influence over the content provided by a promotion or media. We do not endorse or sponsor content distributed on the Site and therefore, are not liable for the nature of this material.
15.5. If you choose to enter a promotion then the Sponsor may request personal information from you before allowing you to take part. You agree to Adaptive Consultancy using any personal information in accordance with these Terms and our privacy policy.
15.6. Check each Sponsor’s rules and guidelines regarding the use of personal information every time you choose to participate in a promotion.
15.7. If you are a Sponsor then you agree to abide by the Terms and guidelines set by Adaptive Consultancy. We only distribute promotions or media on the Site and do not have any safeguards in place to ensure that your promotion complies with rules, guidelines or UK law.
15.8. As a Sponsor you are responsible for this compliance: you also have a duty to ensure that your promotion or media adheres to ethical standards of practice and delivers on its promises to users or entrants.
15.9. As a Sponsor you agree to indemnify and defend Adaptive Consultancy, its partners, associates and subsidiaries; and employees, directors, consultants, sales teams, contractors and freelancers against all claims, liability, damages and costs including lawyers/solicitors fees arising from your use of this service.
This also includes, without limitations, all claims relating to the posting, dissemination or removal of Content or individual entries to the Site. Adaptive Consultancy will notify you of any claim and will provide assistance, at your expense, in defending any such claim.
16. Warranty disclaimer
16.1. The Site, Content and Services provided by the Site are available on an ‘As Is’ basis, without expressed or implied warranties from Adaptive Consultancy.
16.2. We disclaim all other warranties, implied or expressed, which include fitness for purpose, merchantability and non-infringement. Adaptive Consultancy does not warrant or symbolise Content which is timely, accurate or error-free and disclaims any warranty or depiction regarding the Content or proprietary character of the Site, a section of the content or the Content in its entirety.
16.3. Adaptive Consultancy endeavours to provide you with safe access and use of the Site. However, we do not warrant or guarantee that the Site or its Content is free from viruses or other harmful elements.
17. Limitation of liability re: indemnity
17.1. You give up your right to make a claim or allegation against inoffensive Adaptive Consultancy; its associates, sponsors or partners; contractors, freelancers or subsidiaries; its directors, employees, sales teams or any respective parties (known as the “Released Parties”) relating to your use of the Site or its Content.
17.2. This also includes, without limitation, claims or allegations relating to a suspected infringement or propriety rights, for example, suspected inaccurate content on the Site.
17.3. You use the Site or Content at your own risk.
17.4. Adaptive Consultancy or any Released Party, without limitation, is not liable for any damages, including loss of information, arising out of use of the Site or it’s Content. This includes damages incurred as a result of errors, deletions, delays, viruses or performance failures due to an ‘Act of God’, theft or unauthorised access.
17.5. In no event will the collective liability of Adaptive Consultancy, arising out of use of the Site, exceed the amount of compensation paid to you for use of the Site in the three months prior to the date of a claim.
17.6. We have the right to seek redress for any claim for fraud or misrepresentation. Nothing in these Terms limits our liability to do so.
17.7. You surrender all rights to seek an injunction, exploit the content or other materials or hamper the operation of the Site. You, therefore, agree to limit your claim to that of financial damages within the guidelines stated in this Agreement.
17.8. You will indemnify or defend inoffensive Adaptive Consultancy and other Released Parties against any claims, damages, loss, expenses and liabilities arising from your use of the Site.
17.9. And if you are a Sponsor or Subscriber; this applies to your Agent/s use of the Site and any person who you have given access to your account, including User Content that breaches the rights of any third party. This equally applies to third party intellectual property rights.
18. Communication
18.1. We will provide you with notices in any of the following ways:
• Send you an email to the address provided during registration.
• Post a notice to Collaborators and Subscribers in the dashboard section of their individual accounts within the Site.
• Post the notice at the entry point of a promotion
• Finally, post the notice anywhere on the Site We always post notices in the area of the Site which relates to the content of that notice.
18.2. It is your responsibility to check for notices, at intervals, on the Site.
18.3. Subject to our Privacy Policy, any information you send to Adaptive Consultancy or post on the Site is a granting of permission for Adaptive Consultancy to use this information without acknowledgement to you. This includes ideas, methods, inventions or technical expertise (known as “User Submissions”) that is intended to be used for marketing goods or services which feature this information.
18.4. You surrender any claim of personal ownership or other rights in relation to these User Submissions. Do not submit these Submissions if you wish to retain your interest.
18.5. Adaptive Consultancy regularly reviews these Submissions for new or innovative ideas.
19. Applicable law
19.1. This Agreement uses arbitration on an individual basis in cases of dispute and limits the resolutions available to you in these situations.
19.2. Any disagreements, claims or disputes relating to your use of the Site are governed by UK law.
19.3. If you intend to make a claim then provide written notice to arbitrate to the address shown in section 23.
19.4. If we have a claim we will notify you of this at the address shown in your registration information.
19.5. The Site is owned by Adaptive Consultancy Ltd who has offices in the UK. Arbitration will take place within a framework in the UK but if not applicable, will be heard in a court of jurisdiction in the UK.
19.6. If you access the Site outside of the UK then you will be expected to comply with the laws of that location and furthermore, you agree to indemnify Adaptive Consultancy Ltd and Released Parties in the event of a failure to comply with any such laws.
20. Suspension/cancellation of licence
20.1. Adaptive Consultancy reserves the right, without notice or liability to you, to undertake the following actions:
• Cancel a section or your entire licence to use the Site or Content.
• Prohibit or prevent further access to a section or the entire Site or Content.
• Alter, suspend or terminate any part of the Site or Content
• Set limits on the Site or Content
21. Inactive accounts: cancellation of an agreement
21.1. You and Adaptive Consultancy may cancel these Terms and your access to the Site at any time. If you cancel your account then you must pay the balance owing for the current billing period - if applicable.
21.2. The cancellation of your account will result in your User Content not being displayed on the Site except for any content submitted to our blog. This may remain after cancellation.
21.3. You acknowledge and agree that there is no obligation on the part of Adaptive Consultancy to migrate your data from the Site. However, we may assist users with the transfer of data upon request.
21.4. We have no responsibility to any stored data and will delete this after 30 days following cancellation of your account.
21.5. If these Terms are cancelled for any reason then sections 8, 13, 16, 17, 21 and 22 plus any warranty or statement you make in these Terms will remain permanently in place.
22. Miscellaneous
22.1. If the provision of these Terms is held to be unlawful or unenforceable then this provision will be considered to be separate from these Terms. This will not affect the validity or implementation of any remaining provisions.
22.2. Adaptive Consultancy may assign some or all of its rights to any party without your permission.
22.3. You are not allowed to assign your rights without prior permission, in writing, from Adaptive Consultancy. Any such attempt will be considered null and void.
22.4. These terms represent a complete agreement between you and Adaptive Consultancy regarding your access and use of the Site. They replace any previous or current communications, written, verbal or electronic between you and Adaptive Consultancy.
22.5. The headings and sub-headings used in these terms are for ease of use only and have no legal or contractual consequences. If a court of legal proceedings deems any of these terms to be invalid or unlawful then provision will be changed or divorced to the maximum limit permissible by law.
22.6. However, any other provisions will remain valid and given free rein in an enforceable manner which fulfils the purposes of these Terms.
23. Questions and feedback
23.1. Any questions or feedback in relation to these Terms or use of the Site should be addressed to the following:
Adaptive Consultancy Ltd
25 Heathmans Road London
SW6 5TJ UK
Email: info@adaptiveconsultancy.com
1.1. These Terms and Conditions govern your use of the Adaptive Consultancy Ltd website, previous websites and any software provided by Adaptive Consultancy for use with these sites.
1.2. Adaptive Consultancy Ltd (“Adaptive Consultancy” or “we”) provides this website (the “Site”) to you, subject to terms and conditions of use (“Terms” or “Agreement”). Please read these carefully before using the Site as they affect your rights and responsibilities under UK law.
1.3. By viewing or using the Site you agree to be legally obligated by these Terms and Conditions and our Privacy Policy. These Terms and Conditions include policies and guidelines included by reference in these Terms.
2. Definitions
Adaptive Consultancy uses the following words to describe the following groups of users.
2.1. Customers and individuals whom customers grant access to their Adaptive Consultancy account are called “Subscribers”.
2.2. Customers who offer promotions via the Site are called “Sponsors”.
2.3. Any person who enters competitions organised by the Site are called “Entrants”.
These Terms apply to all users (“Users”) of the Site which includes the groups described above; forum and blog posters and infrequent visitors.
3. Restrictions
There are age-related restrictions regarding use of the Site.
3.1. Young people must be a minimum of 13 (thirteen) years old to use the Site.
3.2. Sponsors and Subscribers must be 18 (eighteen) years old to register for an Adaptive Consultancy account.
4. Changes
4.1. We reserve the right to amend/remove or extend these Terms and Conditions or any individual policy or guideline/s relating to the Site.
4.2. We will notify you of any changes made via the email address you provided at the time of registration or any personal identification data. These changes will immediately come into force.
4.3. If you disagree with the changes then there is a no-obligation option to cancel your account, unless there are any outstanding payments due.
4.4. Your continued use of the Site signifies your agreement to these changes. Review these Terms and Conditions plus any additional information so that you understand how they apply to personal use.
4.5. If you do not agree then you must stop using the Site. Any queries regarding this to be emailed to us at info@adaptiveconsultancy.com
5. Privacy Policy
The Adaptive Consultancy Privacy Policy at www.adaptiveconsultancy.com/our-values/privacy-policy contains information about the collection and storage of personal data. By using our Site you agree to this in accordance with our Privacy Policy.
6. Registration Data and Account Security
Registration for an Adaptive Consultancy account means you agree to the following conditions:
• Provide precise, up to date information
• Ensure that your password is safe and secure
• Monitor and update your registration information
• Accept the risk of unlawful access to your registration information.
• Accept responsibility for costs and activity on your account.
7. Pricing
7.1. Adaptive Consultancy reserves the right to make changes to the pricing structure but 30 days prior notice will be given. Your continued use of the Site indicates your acceptance of these changes: any change in the pricing structure is not applicable to the payment period in which this change occurs.
7.2. Payments to Adaptive Consultancy for services provided on the Site are non-refundable unless otherwise stated and in writing.
7.3. Any misuse of the Site will be followed by termination of your account. Payments for your use of the Site are non-refundable.
7.4. If we cancel your account for any reason apart from misuse then we will refund your registration fee and any outstanding payments.
7.5. Information about pricing can be found on our Site at www.AdaptiveConsultancy.com/pricing.
8. Ownership
8.1. All content on the Site, including images, logos, text, sound and video files etc, which is provided by users is known as “User Content” and remains the property of the users.
8.2. You have personal responsibility for this Content. We do not accept liability for this Content or responsibility for damage or loss this Content causes you or other users.
8.3. Adaptive Consultancy has limited rights to “User Content” in the form of limited licenses. All other content and software available on the Site or used to manage the Site is owned by Adaptive Consultancy and its partners.
8.4. All business names, logos, registered trademarks and product names featured on the Site are the personal property of their owners. Any reference to these is not a recommendation or offer of support by Adaptive Consultancy.
8.5. We reserve the right to remove any User Content from the Site and at any time.
8.6. We collect and store information during the normal day to day running of the Site. This content then becomes our property.
9. Limited licenses
9.1. Adaptive Consultancy does not own your content but retains the right to use your User Content, in extenuating circumstances, to maintain functionality of the Site and the continuation of services, now and in the future. We will ask for your permission to use any aspect of your User Content which includes the display of that item on the Site.
9.2. Your permission to collect information or the dissemination of User Content grants Adaptive Consultancy and partners/affiliates non-exclusive, royalty-free rights to this Content. This Content can be displayed, amended, copied, shared or published on the Site in ways in which it is intended to be used.
9.3. You own and regulate all rights to the User Content, data and information posted on the Site which you have granted permission to Adaptive Consultancy to collect and store.
9.4. The use of this User Content does not contravene these Terms or the rights of you or any other person. It equally applies to intended use of your Content by other Site users or third parties.
9.5. Non-exclusive licenses are defined as being available for you to use in any way you so choose. Their royalty-free status means that we are not obligated to pay you for using your Content on the Site.
9.6. We have the right to transfer these licenses to any successive operator of the Site.
10. Conditions of use of your User Content
10.1. The granting of a non-exclusive, royalty-free, limited license means that you agree to be bound by the following conditions of use as stated in these Terms:
• You can view, copy or print sections of your User Content but for personal use only.
• You must not alter, reproduce or make copies of the Content or the Site as stipulated in these Terms unless otherwise directed.
• You must not remove or alter any trademarks, logos or copyright symbols which are included in the Content.
• You must not use data mining techniques or robots to obtain information.
• You must use the Site for its intended purpose
10.2. Any breach of these conditions will result in the cancellation of your licence, this Agreement and your account with Adaptive Consultancy.
10.3 Any unauthorised use may violate copyright and trademark laws.
10.4. Adaptive Consultancy retains the right to cancel your licence at any time.
10.5. You agree to abide by the conditions of use and will not impede the rights of other users and third parties. You will not undertake any action which may lead to a breach of contract or have legal ramifications.
11. Breaches of copyright and other violations
11.1. Adaptive Consultancy will investigate any suspected or actual breaches of copyright or intellectual property violations relating to its websites and servers.
11.2. If a breach of copyright or violation is found then action may be taken irrespective of the extent of the offence which includes the removal of potentially libellous information.
11.3. We may notify the owner or administrator of the site in question so that they are aware of the offence and offer a defence.
11.4. In cases of repeated violations, Adaptive Consultancy will disable or cancel access to its websites and servers.
11.5. All claims regarding alleged breaches of copyright or other similar violations must be made in writing to Adaptive Consultancy.
11.6. Any false claims made in your name in regard to breach of copyright or intellectual property violations are liable for damages and legal costs. Obtain legal advice before proceeding.
12. Conditions of use re: interactive areas of the Site
12.1. You may post content, e.g. messages within interactive areas of the Site, including discussion forums and advertising/promotional areas. You are responsible for any actions you take in these areas and do so entirely at your own risk.
12.2. All User Content submitted to interactive sections of the Site is treated as non-confidential. Familiarise yourself with the guidelines of use before proceeding.
12.3. Using any of the interactive areas of the Site means that you agree NOT to post, upload, create or disseminate Content such as images, videos and text as described below:
• Content that is defamatory, libellous, obscene, pornographic, harassing, fraudulent or abusive in nature.
• Content which encourages criminal behaviour or violates the individual rights of a person or flouts UK law.
• Content which infringes copyright law, trademarks, trade secrets or intellectual property rights.
• Content used for identity fraud
• Content used for the purpose of unsolicited promotions, advertising or political campaigns.
• Content in which third party information such as names, addresses or credit card details are revealed without prior permission.
• Content known to be harmful such as viruses, trojans and corrupted files.
• Content which we suspect to be fraudulent in nature
• Content which may violate these Terms or the rules set by the promotion sponsor.
• Content which is unrelated to the interactive areas
• Content which in the opinion of Adaptive Consultancy, is offensive or restricts another person’s use of the interactive areas or the Site.
• Content which may expose Adaptive Consultancy or its users/partners to liability.
12.4. Adaptive Consultancy adopts a zero tolerance policy towards the use of SPAM: we forbid users from sending unsolicited messages or other material to third parties where permission has not been given. You must abide by the guidelines governing the use of SPAM and ethical marketing practices. A failure to do so will result in denied access to the interactive areas and the suspension or cancellation of your account.
13. Security
13.1. Adaptive Consultancy is committed to providing its users with a safe and secure environment. We recognise the seriousness of this issue and work hard to ensure that your Content or data is protected against unauthorised access.
13.2. But no system is 100% foolproof and the Internet is no exception. It is an unregulated system and as such, you need to be aware of its limitations in regard to security and reliability. Your decision to use the Site means that you understand and accept these risks and use this of your own free will.
13.3. This particularly applies to users who provide credit card details. They accept the risks incurred from supplying this information and take steps to ensure that it is safeguarded at all times. Credit card information is supplied by Subscribers who have responsibility for its protection.
14. Links to other websites
14.1. The Site has links to third party websites which may be of interest to users. These external sites include payment systems, sponsors, subscribers and social media platforms which you can access as part of your interaction with the Site.
14.2. We do not have any control or regulation of these third party sites which you use entirely at your own risk. Adaptive Consultancy does not endorse or sponsor these sites and has no responsibility for content management of third party sites.
14.3. We would advise you to review the guidelines and policies, including data protection and privacy of third party sites before entering into any form of transaction with them.
14.4. The Terms and other policies related to the Site no longer apply when you leave it to access a third party website or content.
15. Promotions
15.1. The Site will feature promotions and other media tools which are available for your use. The Sponsors of these promotions and/or media have a duty to ensure that they comply with all rules and regulations.
15.2. Review the terms, privacy policy and any other official guidelines relating to a promotion or media as your agreement is sought before access is granted.
15.3. Adaptive Consultancy is not responsible for the success or failure of a Sponsor to comply with rules and guidelines related to a promotion or media.
15.4. You acknowledge that Adaptive Consultancy has no influence over the content provided by a promotion or media. We do not endorse or sponsor content distributed on the Site and therefore, are not liable for the nature of this material.
15.5. If you choose to enter a promotion then the Sponsor may request personal information from you before allowing you to take part. You agree to Adaptive Consultancy using any personal information in accordance with these Terms and our privacy policy.
15.6. Check each Sponsor’s rules and guidelines regarding the use of personal information every time you choose to participate in a promotion.
15.7. If you are a Sponsor then you agree to abide by the Terms and guidelines set by Adaptive Consultancy. We only distribute promotions or media on the Site and do not have any safeguards in place to ensure that your promotion complies with rules, guidelines or UK law.
15.8. As a Sponsor you are responsible for this compliance: you also have a duty to ensure that your promotion or media adheres to ethical standards of practice and delivers on its promises to users or entrants.
15.9. As a Sponsor you agree to indemnify and defend Adaptive Consultancy, its partners, associates and subsidiaries; and employees, directors, consultants, sales teams, contractors and freelancers against all claims, liability, damages and costs including lawyers/solicitors fees arising from your use of this service.
This also includes, without limitations, all claims relating to the posting, dissemination or removal of Content or individual entries to the Site. Adaptive Consultancy will notify you of any claim and will provide assistance, at your expense, in defending any such claim.
16. Warranty disclaimer
16.1. The Site, Content and Services provided by the Site are available on an ‘As Is’ basis, without expressed or implied warranties from Adaptive Consultancy.
16.2. We disclaim all other warranties, implied or expressed, which include fitness for purpose, merchantability and non-infringement. Adaptive Consultancy does not warrant or symbolise Content which is timely, accurate or error-free and disclaims any warranty or depiction regarding the Content or proprietary character of the Site, a section of the content or the Content in its entirety.
16.3. Adaptive Consultancy endeavours to provide you with safe access and use of the Site. However, we do not warrant or guarantee that the Site or its Content is free from viruses or other harmful elements.
17. Limitation of liability re: indemnity
17.1. You give up your right to make a claim or allegation against inoffensive Adaptive Consultancy; its associates, sponsors or partners; contractors, freelancers or subsidiaries; its directors, employees, sales teams or any respective parties (known as the “Released Parties”) relating to your use of the Site or its Content.
17.2. This also includes, without limitation, claims or allegations relating to a suspected infringement or propriety rights, for example, suspected inaccurate content on the Site.
17.3. You use the Site or Content at your own risk.
17.4. Adaptive Consultancy or any Released Party, without limitation, is not liable for any damages, including loss of information, arising out of use of the Site or it’s Content. This includes damages incurred as a result of errors, deletions, delays, viruses or performance failures due to an ‘Act of God’, theft or unauthorised access.
17.5. In no event will the collective liability of Adaptive Consultancy, arising out of use of the Site, exceed the amount of compensation paid to you for use of the Site in the three months prior to the date of a claim.
17.6. We have the right to seek redress for any claim for fraud or misrepresentation. Nothing in these Terms limits our liability to do so.
17.7. You surrender all rights to seek an injunction, exploit the content or other materials or hamper the operation of the Site. You, therefore, agree to limit your claim to that of financial damages within the guidelines stated in this Agreement.
17.8. You will indemnify or defend inoffensive Adaptive Consultancy and other Released Parties against any claims, damages, loss, expenses and liabilities arising from your use of the Site.
17.9. And if you are a Sponsor or Subscriber; this applies to your Agent/s use of the Site and any person who you have given access to your account, including User Content that breaches the rights of any third party. This equally applies to third party intellectual property rights.
18. Communication
18.1. We will provide you with notices in any of the following ways:
• Send you an email to the address provided during registration.
• Post a notice to Collaborators and Subscribers in the dashboard section of their individual accounts within the Site.
• Post the notice at the entry point of a promotion
• Finally, post the notice anywhere on the Site We always post notices in the area of the Site which relates to the content of that notice.
18.2. It is your responsibility to check for notices, at intervals, on the Site.
18.3. Subject to our Privacy Policy, any information you send to Adaptive Consultancy or post on the Site is a granting of permission for Adaptive Consultancy to use this information without acknowledgement to you. This includes ideas, methods, inventions or technical expertise (known as “User Submissions”) that is intended to be used for marketing goods or services which feature this information.
18.4. You surrender any claim of personal ownership or other rights in relation to these User Submissions. Do not submit these Submissions if you wish to retain your interest.
18.5. Adaptive Consultancy regularly reviews these Submissions for new or innovative ideas.
19. Applicable law
19.1. This Agreement uses arbitration on an individual basis in cases of dispute and limits the resolutions available to you in these situations.
19.2. Any disagreements, claims or disputes relating to your use of the Site are governed by UK law.
19.3. If you intend to make a claim then provide written notice to arbitrate to the address shown in section 23.
19.4. If we have a claim we will notify you of this at the address shown in your registration information.
19.5. The Site is owned by Adaptive Consultancy Ltd who has offices in the UK. Arbitration will take place within a framework in the UK but if not applicable, will be heard in a court of jurisdiction in the UK.
19.6. If you access the Site outside of the UK then you will be expected to comply with the laws of that location and furthermore, you agree to indemnify Adaptive Consultancy Ltd and Released Parties in the event of a failure to comply with any such laws.
20. Suspension/cancellation of licence
20.1. Adaptive Consultancy reserves the right, without notice or liability to you, to undertake the following actions:
• Cancel a section or your entire licence to use the Site or Content.
• Prohibit or prevent further access to a section or the entire Site or Content.
• Alter, suspend or terminate any part of the Site or Content
• Set limits on the Site or Content
21. Inactive accounts: cancellation of an agreement
21.1. You and Adaptive Consultancy may cancel these Terms and your access to the Site at any time. If you cancel your account then you must pay the balance owing for the current billing period - if applicable.
21.2. The cancellation of your account will result in your User Content not being displayed on the Site except for any content submitted to our blog. This may remain after cancellation.
21.3. You acknowledge and agree that there is no obligation on the part of Adaptive Consultancy to migrate your data from the Site. However, we may assist users with the transfer of data upon request.
21.4. We have no responsibility to any stored data and will delete this after 30 days following cancellation of your account.
21.5. If these Terms are cancelled for any reason then sections 8, 13, 16, 17, 21 and 22 plus any warranty or statement you make in these Terms will remain permanently in place.
22. Miscellaneous
22.1. If the provision of these Terms is held to be unlawful or unenforceable then this provision will be considered to be separate from these Terms. This will not affect the validity or implementation of any remaining provisions.
22.2. Adaptive Consultancy may assign some or all of its rights to any party without your permission.
22.3. You are not allowed to assign your rights without prior permission, in writing, from Adaptive Consultancy. Any such attempt will be considered null and void.
22.4. These terms represent a complete agreement between you and Adaptive Consultancy regarding your access and use of the Site. They replace any previous or current communications, written, verbal or electronic between you and Adaptive Consultancy.
22.5. The headings and sub-headings used in these terms are for ease of use only and have no legal or contractual consequences. If a court of legal proceedings deems any of these terms to be invalid or unlawful then provision will be changed or divorced to the maximum limit permissible by law.
22.6. However, any other provisions will remain valid and given free rein in an enforceable manner which fulfils the purposes of these Terms.
23. Questions and feedback
23.1. Any questions or feedback in relation to these Terms or use of the Site should be addressed to the following:
Adaptive Consultancy Ltd
25 Heathmans Road London
SW6 5TJ UK
Email: info@adaptiveconsultancy.com