Legal Stuff

 

Terms relating to your use of exceptionalthinking.co.uk

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Profile area of the website.

Exceptional Thinking reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

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2. Privacy

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

If you are a member, you can communicate with other members on the site. Be careful about the information you share with people and we strongly recommend that you do not share any personal information.

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3. Access to exceptionalthinking.co.uk

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

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4. Licence for website access

Exceptional Thinking grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Exceptional Thinking. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of Exceptional Thinking as long as the link does not portray Exceptional Thinking, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Exceptional Thinking logo or other proprietary graphic or trademark as part of the link without our express written consent.

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5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Exceptional Thinking, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
  • to cause annoyance, inconvenience or needless anxiety

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6. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Exceptional Thinking reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant Exceptional Thinking and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) Exceptional Thinking and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Exceptional Thinking, including the execution of deeds and documents, at the request of Exceptional Thinking.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Exceptional Thinking: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Exceptional Thinking policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Exceptional Thinking and its affiliates for all claims brought by a third party against Exceptional Thinking or its affiliates arising out of or in connection with a breach of any of these warranties.

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7. Defamation claims

Because Exceptional Thinking will host many hundreds if not thousands of comments, it is not possible for us to be aware of each comment or review that is displayed. Accordingly, Exceptional Thinking operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once you have contacted us, Exceptional Thinking will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

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8. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Exceptional Thinking, its affiliates or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Exceptional Thinking and its affiliates and is protected by United Kingdom and international copyright and database right laws.

You may use material that is on this site, but you must acknowledge us as the original source.

 

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9. Intellectual Property Claims

Exceptional Thinking and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please Contact Us.

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10. Our contract

When you place an order to purchase a product from Exceptional Thinking, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.

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11. Returns & Cancellations

You may return any product purchased from us within 30 days of purchase for either a replacement or a full refund (please note this does not apply to the workshops, membership or calls). If you choose to return a product, you agree not to copy the product before return to us.

If you are paying monthly, you may cancel your membership at any time by contacting us and advising us that you no longer wish to be a member. We will cease payment at that time and will notify you that this has been completed. We will also terminate your membership and you will no longer have access to the site or to any of the products or services you receive as part of your membership.

If you are paying annually, you may cancel your membership at the end of the year. As you are receiving two month’s free membership by choosing this option, you cannot cancel before your year has expired.

By booking onto any of our workshops or teleseminars (calls), you agree to our terms & conditions. If you do not give us 7 working days notice to cancel your place, you will still be liable for the cost of the workshop. If we cancel the workshop, we will refund any money that you have paid. If you do not attend the workshop, you will still be liable for the cost of the workshop and if the outstanding amount is not received within 14 days of the workshop date, you will incur a £50+VAT admin charge which will be added to the amount that you owe.

 

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12. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

All prices are inclusive of VAT unless stated otherwise.

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13. Experts on the site

Exceptional Thinking has a number of experts on the website. You are able to ask these experts a question and expect an answer within 5 working days. Please note however, that the advice given by these experts is purely intended as advice. If you choose to follow this advice, you are liable for any consequences of following that advice. We recommend that you also take professional advice independent of this website.

 

 

14. Electronic communications

When you visit Exceptional Thinking or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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15. Losses

Exceptional Thinking will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Exceptional Thinking does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

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16. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

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17. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

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18. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

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19. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of the United Kingdom.

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20. Our details

Exceptional Thinking is the trading name for Exceptional Thinking LLP.

Exceptional Thinking

10 Orchard Road

Alderton

Glos, GL20 8NS

Company Registration Number: OC319247

Company VAT Reg. No. 879 5555 54

Business Link Supplier Matching Service ID Number: 30005204

Data Protection Act No: Z1111909

You can contact us by visiting our Contact Us page.

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21. Accreditations and Notices

We have received approval under the Prompt Payment Code meaning that we pay our suppliers in a timely fashion. Please see http://www.promptpaymentcode.org.uk/ for more details.

We are also accredited with the Solicitor’s Regulation Authority for delivering courses. More details can be found at http://www.sra.org.uk/solicitors/cpd.page