Terms and Conditions

 

TERMS & CONDITIONS
Access to and use of this site at http://www.penelopetobin.com (the “Site”) is provided by Barrier Breakers® (UK) Ltd (Barrier Breakers) subject to the following terms. By using this Site you agree to be legally bound by these terms, which take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access and/or use this Site.
Barrier Breakers may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Barrier Breakers. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

USE
This Site is intended for access and use by persons in England and Wales only. We do not represent or warrant that the information on this Site complies with the regulatory regime of any other country. If you access this Site from other locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws

PERMITTED USE
You are authorised to view, print or download one copy of the materials or content on the Site on any single computer for your personal, non commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. This permission is subject to the material being reproduced accurately and not used in a misleading context and does not extend to any material on this Site that is identified as being copyright of a third party.

You may not modify any materials on this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose.

You may not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer or otherwise assign to any third party any portion of the Site.

Any other use of content requires the prior written permission of Barrier Breakers (UK) Ltd.

You agree to use this Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.

If you breach any of these Terms and Conditions, your authorisation to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.

DISCLAIMERS AND LIMITATION OF LIABILITY
The content of this Site ( including the information, names, images, pictures, logos and icons) is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law and excludes any such representations and warranties) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy.

Under no circumstances will Penelope Tobin or Barrier Breakers be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct or indirect, consequential, special or exemplary damages arising from the use of Barrier Breakers site or any of its contents, regardless of the form of action.
For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Barrier Breakers does not warrant that functions contained in this Site will be uninterrupted or that its content is error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.

Barrier Breakers reserves the right to change, amend or remove any of the services available at any time. We also reserve the right to discontinue, cancel or amend any membership without notice if in our absolute discretion we deem it necessary. This policy will most likely be applied in circumstances where we believe the member has misused the service or has committed an action out of keeping with the nature of the Barrier Breakers community.

INTELLECTUAL PROPERTY RIGHTS
You agree that all intellectual property rights shall at all times be vested in us or third party content providers, whether registered, unregistered, registrable throughout the world, future or existing, including all copyrights, trademarks, patents, design rights and database rights or any similar right or other intellectual property rights, in or arising from this Site, including the Site’s design, text, graphics, know-how, their selection and arrangement, and in all software compilations, underlying source code, software and all other material on the website and their use.

In the event of you acquiring any such rights you agree to assign to us or our nominee with full title guarantee all right, title, interest in the same to us and to promptly do all such things and sign all documents or instruments necessary to vest the rights in us or our nominee and/or to defend the rights. You agree to waive all moral rights

REGISTRATION DATA PROTECTION AND PRIVACY
When you register with www.penelopetobin.com as a guest we ask for your email address and a password so that we can confirm your registration and send you newsletters and other information about Penelope Tobin.
When you join Barrier Breakers as a trainer or client we ask for more information such as your full name, address and other contact details.
If you are a trainer we also ask you to provide information to complete our vetting process, including a copy of your CV and contact details of referees. In addition Barrier Breakers may receive information about you from other sources, such as referees’ responses, and add such information to yours so as to make your details as accurate and up-to-date as possible. This information is collected for several purposes including the following:
• personal identification
• to complete Trainer vetting process
• to allow us to contact you in relation to your account
• to customize the content of our Site to meet your specific needs
• to allow Barrier Breakers members to contact each other
• to make product improvements
• to send email newsletters to you.

Trainers’ profiles are accessible to all registered users so they can decide whether to contact a particular trainer or attend a particular event. Trainers elect which of their contact details are made public; otherwise their contact details, along with account information, are kept private.
At any time you can view, update, and/or correct any of the data that you have submitted to us, including your User registration data and, where applicable, your personal profile. In order to access such information, click onto the appropriate link within the site. If you require assistance in amending, updating or correcting any of your personal User data submitted to Barrier Breakers, contact: help(at)penelopetobin.com

DATA SUBMITTED FOR DISPLAY ON THE SITE
Where you submit any data for display on this Site you warrant that you have the right to make it available to Barrier Breakers, that it is not defamatory, and does not infringe any law.

We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Site that we consider to constitute a misuse of the Site, or which is otherwise harmful to other users.

If you submit data for display you are responsible for ensuring that the data is accurate, complete, and up to date, and for updating that data where necessary.

You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to this Site is free from viruses and anything else that may have a contaminating or destructive effect on any part of this Site, or any other technology used.

You indemnify Penelope Tobin and Barrier Breakers against all legal fees, damages and other expenses that may be incurred by Barrier Breakers as a result of your breach of the above warranty.

PRIVACY POLICY
Barrier Breakers respects your privacy and is committed to protecting it. All data submitted by visitors to the Site is processed in accordance with the principles of the Data Protection Act 1998.

The Site uses cookies to control access to restricted pages and to record the number of subscriber only pages accessed. We may also use cookies to analyse how our site is being used to inform development. Cookies cannot retrieve information from your computer, spread viruses, or capture your e-mail address.

When subscribing to, or registering for, any of our services, only the minimum information is required to identify who you are and to be able to contact you, and by registering or subscribing you are giving us your consent to obtain this information. Other information about you is optional. This information is stored on databases and security measures are used to keep your information confidential.

Contact information is used by Barrier Breakers staff to communicate with you about the service you have registered for, or subscribed to, and our other services. Unless we have your consent we will ensure that your personal data will not be disclosed to other organisations, institutions and authorities, unless required by law. We will not sell, rent or lease your personal data to others without your prior written consent.

THIRD PARTY LINKS, FRAMES & PORTALS
This Site incorporates links to other sites, frames and portals (together “Third Party Sites”) designed, maintained, and operated by third parties. We have not reviewed the Third Party Sites which are provided for your convenience only. Our Privacy Policy does not cover the information practices of those Third Party Sites and we are not responsible for the content or availability of these sites. If you decide to use a link to a Third Party Site you leave this Site and you do so at your own risk and it is your sole responsibility to take all protective measures to guard against viruses or other destructive elements.

Links do not imply that we endorse, are affiliated or associated with, or are legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Site, or that any linked site is authorised to use any trade mark, trade name, logo or copyright of ours.

SECURITY
As required by applicable data protection legislation, Barrier Breakers follows adequate security procedures and takes appropriate measures to ensure that the information about you is not damaged or destroyed, or accidentally disclosed to a third party, and to prevent unauthorised access to it. This Site, via its web hosting service provider, has security measures in place to protect the loss, misuse, and alteration of the information under our control. However, we will not be held liable for a breach of security caused by the performance failure of the web hosting service provider, or any other third party service provider.
All credit card transactions are via an encrypted secure server.

GENERAL
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms have been accessed, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts in England.

If you have any questions about this statement, the practices of this Site, or your dealings with this Site, please contact: help(at)penelopetobin.com

Barrier Breakers (UK) Ltd
Kemp House,
152 City Road,
London EC1V 2NX
UK
+44 (0)20 7193 9852
Company No 6853939

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