Terms & Conditions
Background
These Terms of Use, together with any documents they refer to, explain the terms on which you may use the website https://www.madalainemunro.com ("Our Site"). Please read them carefully and make sure you understand them. By using Our Site for the first time, you agree to be bound by these Terms of Use. If you do not agree, please stop using Our Site straight away.
1. Definitions and interpretation
In these Terms of Use, unless the context requires otherwise:
"Account" means the account you need to access a paid Programme, as set out in Clause 4.
"Programmes" means the coaching, therapeutic and educational programmes, courses and products that We offer from time to time to paying clients, including through the Platform.
"Content" means all text, images, audio, video, scripts, code, software, databases and any other information that appears on, or forms part of, Our Site.
"Data Protection Legislation" means the UK General Data Protection Regulation ("UK GDPR"), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, and any legislation that amends or replaces them.
"Intellectual Property Rights" means (a) all rights in patents, trademarks, service marks, registered designs, trade, business and company names, domain names and email addresses, unregistered trademarks, copyright, database rights, know-how, and rights in designs and inventions; (b) rights under licences, consents or statutes in relation to any of those rights; (c) any rights of a similar nature that exist now or in the future; and (d) the right to sue for past infringements of any of them.
"Platform" means IVOREY, the online platform through which We provide Programme Materials to you if you join a paid Programme, or any other platform We use from time to time.
"Programme Materials" means any digital, printed or other materials provided to paying clients as part of a Programme.
"We", "Us" and "Our" means Madalaine Munro, a sole trader, whose business address is 37 Carters Way, [town and postcode], United Kingdom.
"You" and "Your" means you, as a user of Our Site.
2. About us
Our Site, https://www.madalainemunro.com, is owned and operated by Madalaine Munro, a sole trader, whose business address is 37 Carters Way, [town and postcode], United Kingdom.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 You are responsible for making all the arrangements you need to access Our Site.
3.3 Our Site is provided "as is" and "as available". We may change, suspend or withdraw Our Site, or any part of it, at any time and without notice. We will not be liable to you if Our Site, or any part of it, is unavailable at any time or for any period.
4. Accounts
4.1 To join a paid Programme and access the Programme Materials, you will need an Account, which you create through Our Site or the Platform.
4.2 You must be 18 or over to create an Account.
4.3 The information you give when creating an Account must be accurate and complete, and you are responsible for keeping it up to date.
4.4 We recommend choosing a strong password using a mix of lowercase and uppercase letters, numbers and symbols. You are responsible for keeping your password safe.
4.5 You must not share your Account with anyone else. If you do, We may remove your access to your Account, the Programme Materials and/or the Platform, in line with these Terms of Use and Our Standard Terms and Conditions for the relevant Programme. If you think someone is using your Account without your permission, please contact Us straight away at info@madalainemunro.com. We will not be liable for any unauthorised use of your Account.
4.6 You must not use anyone else's Account.
4.7 Any personal information you give Us when opening your Account will be collected, used and held in line with your rights and Our obligations under the Data Protection Legislation, as set out in Clause 16.
4.8 You may close your Account at any time. Closing it will remove your information and your access to any part of Our Site and/or the Platform that requires an Account.
5. Intellectual Property Rights
5.1 This Clause 5 applies only to the Content of Our Site, not to the Programme Materials. Our Intellectual Property Rights in the Programme Materials are covered by Our Standard Terms and Conditions for the relevant Programme.
5.2 All Content on Our Site, and the copyright and other Intellectual Property Rights in it, belongs to Us or is licensed to Us, unless it is clearly labelled otherwise. This includes, but is not limited to, Our methods and frameworks, such as the Coherence Method. All Content is protected by UK and international intellectual property laws.
5.3 Except as set out in Clause 5.4, you may not reproduce, copy, distribute, sell, rent, sub-licence, store or otherwise reuse any Content from Our Site without Our express written permission.
5.4 You may:
5.4.1 access, view and use Our Site in a web browser, including browsers built into other software or apps;
5.4.2 download Our Site, or any part of it, for caching;
5.4.3 print one copy of any page of Our Site;
5.4.4 download extracts from pages of Our Site; and
5.4.5 save pages of Our Site to view later or offline.
5.5 Our status, or that of any named licensor, as the owner and author of the Content must always be acknowledged.
5.6 You may not use any Content saved or downloaded from Our Site for commercial purposes, including in your own coaching, therapy, training or teaching, without first getting a licence from Us or Our licensors. This does not stop businesses or individuals from accessing, viewing and using Our Site for general information.
6. Linking to Our Site
6.1 You may link to any page of Our Site, as long as:
6.1.1 you do so fairly and legally;
6.1.2 you do not suggest any association with, endorsement by or approval from Us where none exists;
6.1.3 you do not use any logos or trademarks shown on Our Site without Our express written permission; and
6.1.4 you do not link in a way intended to damage Our reputation or take unfair advantage of it.
6.2 You may not frame or embed Our Site on another website without Our express written permission. Please contact Us at info@madalainemunro.com for more information.
6.3 You may not link to Our Site from any website whose main content:
6.3.1 is misleading about health or wellbeing, or promotes harmful practices;
6.3.2 is obscene, deliberately offensive, hateful or inflammatory;
6.3.3 promotes violence;
6.3.4 promotes or assists any unlawful activity;
6.3.5 discriminates against, or is defamatory of, any person or group, including on the basis of any characteristic protected by the Equality Act 2010;
6.3.6 is intended or likely to threaten, harass, alarm, upset or embarrass another person;
6.3.7 is intended or likely to deceive another person;
6.3.8 is intended or likely to infringe another person's right to privacy;
6.3.9 impersonates any person or misrepresents anyone's identity or affiliation in a misleading way;
6.3.10 implies any affiliation with Us where none exists;
6.3.11 infringes, or helps to infringe, the intellectual property rights of anyone else; or
6.3.12 breaches any legal duty owed to a third party, including contractual duties and duties of confidence.
6.4 The restrictions in Clause 6.3 do not apply to content posted by other users on general-purpose websites. For example, you may share links on social media even though other users might post such content there. You may not, however, post links on websites that focus on or encourage that kind of content.
7. Links to other sites
Our Site may include links to other websites. Unless We say otherwise, those websites are not under Our control, and We are not responsible for their content. A link does not mean We endorse the website or the people who run it; it is there for information only.
8. Disclaimers
8.1 The Content on Our Site is for general information and education only. It is not advice that you should rely on, and it does not replace personalised support.
8.2 Nothing on Our Site is medical, psychiatric, psychological or legal advice, or a diagnosis or treatment of any condition. Please speak to your GP or a qualified healthcare professional about any physical or mental health concern. If you are in crisis or feel unsafe, contact emergency services on 999, call NHS 111, or call Samaritans on 116 123.
8.3 Coaching, relationship and wellbeing outcomes depend on many personal factors. Any results, testimonials or client stories shared on Our Site are individual experiences and are not a promise or guarantee of results, including that you will meet a partner or form a relationship within any particular timeframe.
8.4 As far as the law allows, We make no promise, warranty or guarantee that Our Site will meet your requirements, will not infringe the rights of third parties, will be compatible with all software and hardware, or will be secure.
8.5 We take reasonable care to keep the Content on Our Site complete, accurate and up to date, but We do not promise or guarantee that it is. Please see Our Standard Terms and Conditions for how Programme Materials are kept accurate and up to date.
9. Our liability
9.1 This Clause 9 applies only to your use of Our Site, not to the Programme Materials, which are covered by Our Standard Terms and Conditions for the relevant Programme.
9.2 As far as the law allows, We accept no liability to any user for any loss or damage, whether foreseeable or not, in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or connected with the use of, or inability to use, Our Site, or the use of or reliance on any Content on it.
9.3 As far as the law allows, We exclude all representations, warranties and guarantees, whether express or implied, that may apply to Our Site or its Content.
9.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or any indirect or consequential loss or damage.
9.5 We take all reasonable care to keep Our Site free from viruses and other malware. We accept no liability for any loss or damage caused by a virus, malware, a denial of service attack or other harmful material or event that affects your equipment, software, data or other material as a result of using Our Site (including downloading any Content) or any website linked from it.
9.6 We accept no responsibility or liability for any disruption to or unavailability of Our Site caused by things outside Our control, including failures of internet providers, hosting or communications networks, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms of Use excludes or limits Our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot be excluded or limited by law.
10. Viruses, malware and security
10.1 We take all reasonable care to keep Our Site secure and free from viruses and other malware.
10.2 You are responsible for protecting your own equipment, software, data and other material from viruses, malware and other online security risks.
10.3 You must not deliberately introduce viruses, malware or any other malicious or technologically harmful material to or through Our Site.
10.4 You must not try to gain unauthorised access to any part of Our Site, the server it is stored on, the Platform, or any server, computer or database connected to Our Site.
10.5 You must not attack Our Site with a denial of service attack, a distributed denial of service attack or by any other means.
10.6 Breaching Clauses 10.3 to 10.5 may be a criminal offence. We will report any such breach to the relevant law enforcement authorities and cooperate fully with them, including by disclosing your identity. Your right to use Our Site will end immediately if you breach these clauses.
11. Acceptable use
11.1 You may only use Our Site lawfully. In particular, you must:
11.1.1 comply with all applicable local, national and international laws and regulations;
11.1.2 not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 not knowingly send, upload or otherwise transmit any data containing a virus, malware or any other code designed to harm computer hardware, software or data; and
11.1.4 not use Our Site in any way, or for any purpose, intended to harm any person.
11.2 If you materially breach this Clause 11 or any other part of these Terms of Use, We may suspend or end your access to Our Site, the Programme Materials and/or the Platform. In particular, We may:
11.2.1 suspend, temporarily or permanently, your Account and your right to access Our Site, the Programme Materials and/or the Platform;
11.2.2 give you a written warning;
11.2.3 take legal action against you to recover all reasonable costs arising from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 share information with law enforcement authorities where required or where We reasonably consider it necessary; and/or
11.2.6 take any other lawful action We reasonably consider appropriate.
11.3 We exclude all liability arising from any action We take in response to a breach of these Terms of Use.
12. Privacy and cookies
Your use of Our Site is also governed by Our Privacy and Cookie Policy, which is available on Our Site and forms part of these Terms of Use.
13. Changes to these Terms of Use
13.1 We may change these Terms of Use at any time. Any changes will apply to you from the first time you use Our Site after they are made, so please check this page from time to time.
13.2 If the current version of these Terms of Use conflicts with any earlier version, the current version applies unless We say otherwise.
14. Contacting us
To contact Us, please email info@madalainemunro.com or use the contact form on Our Contact page.
15. Communications from us
15.1 If We have your contact details, We may send you important notices by email, for example about changes to Our services, these Terms of Use, Our Standard Terms and Conditions or your Account.
15.2 We will only send you marketing emails if you have given your consent, for example by signing up for a free workshop, resource or newsletter. You can unsubscribe at any time using the link included in every marketing email. It may take up to 14 business days to process your request, and you may receive emails from Us during that time.
15.3 For questions or complaints about Our communications, including marketing emails, please email info@madalainemunro.com.
16. Data protection
16.1 We will collect, use and hold all personal information in line with the Data Protection Legislation.
16.2 For full details of how We collect, use, store and keep personal data, including why We use it, the legal basis for doing so, your rights and how to use them, and who We share data with, please see Our Privacy and Cookie Policy on Our Site.
17. Law and jurisdiction
17.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise), are governed by the law of England and Wales.
17.2 If you are a consumer, you will still benefit from any mandatory legal protections in the country where you live. Nothing in Clause 17.1 removes or reduces those rights.
17.3 Any dispute about these Terms of Use, or anything arising from or connected with them (whether contractual or otherwise), will be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer living outside England and Wales, you may also be able to bring proceedings in the courts of your own country.