Personal Strategy By Kit Terms and Conditions

  1. Introduction

1.1 When you access or use “Personal Strategy By Kit”, you agree that your use is conditional on you abiding by and complying with these terms and conditions (“Site Terms”).

1.2 By using “Personal Strategy By Kit” and/or by purchasing access to any online course/programme on the “Personal Strategy By Kit” platform, you signify your acceptance and agreement to these Site Terms.

  1. About “Strategy Together”

2.1 “Strategy Together” is the trading name for BSC Strategy Management Limited, a company registered in England and Wales under number 06636286 whose registered office is at 30 City Road, London EC1Y 2AB and whose trading address is 161, Sidney Road, Walton-on-Thames KT12 3SB. All references to “We”, “Us” and “Our” are taken to mean Strategy Together. “Strategy Together” gives users the ability, subject to these Site Terms, to:

  • consume Personal Strategy By Kit content,
  • access various commentaries and writings, and
  • purchase access to online courses/programmes on a variety of topics relevant to “Personal Strategy By Kit”

(collectively, “Online Content“).

2.2 We may, in our sole discretion, change or discontinue any or all aspects of “Personal Strategy By Kit”, including any of the Online Content, at any time, without notice and without liability to you. 

2.3 You must be at least 18 years old to use “Personal Strategy By Kit”.  “Personal Strategy By Kit” and the Online Content are not tailored towards children, nor do we knowingly collect information from children.  Given the nature of the internet, however, we cannot prohibit minors from visiting “Personal Strategy By Kit”, including the Online Content. If you believe that a child has provided information to us through “Personal Strategy By Kit” or through Online Content, please contact us by email. We will use our reasonable endeavours to remove all of the information provided by the child from our system.

  1. About These Site Terms

3.1 These Site Terms have the same effect as an agreement in writing and govern your use of “Personal Strategy By Kit”.  If you do not agree to the Site Terms, please do not use “Personal Strategy By Kit”. No third party is entitled to the benefit of these Site Terms in connection with the agreement between you and us.

3.2 We may modify the Site Terms at any time by posting a notice on the Personal Strategy By Kit website of the change(s) and when the change(s) will take effect.  If you do not agree to the change(s), you may discontinue using “Personal Strategy By Kit” before the change(s) take effect. Your continued use of “Personal Strategy By Kit” after any such change(s) take effect constitutes your acceptance of such change(s).

3.3 Each time you visit or log into “Personal Strategy By Kit”, you reaffirm your acceptance of and agreement to these Site Terms.  You are responsible for regularly reviewing the Site Terms.

3.4 These Site Terms are supplemented by additional terms and conditions including our Privacy Policy and may be supplemented by other terms and conditions applicable to specific areas of “Personal Strategy By Kit” or to content or transactions associated with “Personal Strategy By Kit”, including Our Terms of Sale (see below).  These Site Terms, together with Our Privacy Policy, the Terms of Sale and all other supplemental terms and conditions, govern your use of “Personal Strategy By Kit” and the Online Content and your transactions with us. Any inconsistency will be determined in the following order of priority: the Privacy Policy, these Site Terms, the Terms of Sale, and then any other supplemental terms and conditions.

  1. Transactions, Fees and Payment

4.1 The fees for the services, the price of any goods (if not included in the fees) and any additional delivery or other charges is that which is set out on the Personal Strategy By Kit website at the date that we accept your order or such other price as we may agree in writing. Prices for services are calculated on a fixed price basis.

4.2 Fees and charges include VAT at the rate applicable at the time of the order.

4.3 You must pay by submitting your credit or debit card details through the secure “Stripe” payment gateway which will take payment immediately or otherwise before delivery of the services and as such no card details are retained in any of our databases.

4.4 You agree to transact with us electronically.  This means that, if you wish to transact or communicate with us, you agree to do so by electronic means.  You authorize us to send you important notices about “Personal Strategy By Kit” and any pending transactions to an email address you provide to us, or if you have purchased access to any Online Content or have otherwise provided your email address to us. If you no longer desire to transact electronically with us, you may no longer use “Personal Strategy By Kit”.

4.5 It is your duty to

(a)  keep your email address up to date,

(b)   maintain a valid email address, and

(c)  ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

4.6 You acknowledge and agree that, if you pay a fixed cost or subscription as specified in Our Terms of Sale (see below), that fixed cost or subscription:

(a)  permits you to access and use nominated courses included in the Online Content without further charge or cost, but

(b) does not permit you to access or use courses other than the specific course paid for by your subscription, without paying an additional charge or cost.

4.7 You also acknowledge and agree that all transactions will be performed electronically and that the terms of purchase of access to, and use of, any Online Content will be governed by Our Terms of Sale.  We may change, modify or amend any of Our Terms of Sale at any time without notice. By accessing and using “Personal Strategy By Kit”, you acknowledge and agree that it is your responsibility to be aware of, and to regularly review, our Terms of Sale (below).

  1. Termination  

5.1 We may suspend or terminate your use of “Personal Strategy By Kit” at any time and from time to time, with or without notice and without being required to give any reasons.  We also reserve the right, at any time and from time to time, to modify, suspend or discontinue “Personal Strategy By Kit” (or any part), temporarily or permanently, with or without notice.  You agree that we are not liable to you or any third party for any such modification, suspension, termination or discontinuance of “Personal Strategy By Kit”.

5.2 In addition, we also reserve the right to take any other actions in relation to “Personal Strategy By Kit” that we, in our sole discretion, believe to be in the interests of “Personal Strategy By Kit” and other users of “Personal Strategy By Kit” as a whole.

5.3 You have access to content on “Personal Strategy By Kit” based on the agreed-upon length of the programme you are partaking in. After this, your access will be revoked unless you have subscribed and paid for the Personal Strategy Subscription.

  1. Our Rights   

6.1 We own all rights in “Personal Strategy By Kit”, including all Online Content, subject only to rights of other parties contracting with us under applicable agreements and arrangements, including our licensors and licensees.  “Personal Strategy by Kit Jackson” is protected as a collective work or compilation under English copyright laws and those of other countries. You must abide by all copyright notices or restrictions contained on “Personal Strategy By Kit”.

6.2 You represent and warrant to us that, in connection with these Site Terms and “Personal Strategy By Kit”:

(a)  you have legal capacity to enter into contracts,

(b)  you are providing us at all times with true, accurate and up to date information about yourself,

(c)  you will comply at all times with these Site Terms and applicable laws,

(d)  your use of “Personal Strategy By Kit” and any transactions that you make with us will not violate the rights of any third party, and

  1. Restrictions on Your Use

7.1 Your use of “Personal Strategy By Kit” and Online Content is restricted.  Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of “Personal Strategy By Kit” or any Online Content.

7.2 Without limiting Section 7.1, you may not distribute any part of “Personal Strategy By Kit” or any Online Content over any network, including a local area network, or sell or offer it for sale.  “Personal Strategy By Kit” files may not be used to construct any kind of database.

7.3 Just as we from time-to-time use information and materials from other sources in order to support our Online Content, we respect the right of others to make “fair use” of the information and materials contained on “Personal Strategy By Kit”.  Accordingly, you may from time-to-time excerpt and use information and materials on “Personal Strategy By Kit” consistent with the principles of “fair use”. You may also make one copy of reference material and occasional articles of personal interest for your private use.

7.4 We are concerned about the integrity of “Personal Strategy By Kit” when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with our Online Content.  Neither you nor any third party may use “Personal Strategy By Kit” or any Online Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorised by us.

  1. Your Responsibilities

8.1 You are responsible for your own access to “Personal Strategy By Kit”. That includes obtaining, at your own expense, all hardware, equipment, software and services needed to access and use “Personal Strategy By Kit” and the Online Content.  If you access “Personal Strategy By Kit”, an application or any Online Content through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other services, such as wireless access or communications.

8.2 You may not share your username, password or coupon code.  If you are provided with a username, password or coupon code to access any part of “Personal Strategy By Kit”, including the Online Content, you must not share, give or sell your username, password or coupon code to any person or company.  Excessive viewings or logins by you will be construed by us as fraudulent use of services, which will result in the immediate cancellation of your access to our Online Content without refund. When purchasing access to any Online Content, you must take all actions possible to protect your username, password and coupon code from fraudulent use.

8.3 You must abide by applicable English and international laws. Due to the global nature of the internet, you must comply with all laws, regulations and rules including those concerning online conduct and acceptable content.  Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

  1. Indemnity by You

9.1 You are responsible for any loss, damage, cost, expense, claim or liability we suffer or incur as a result of your violation of these Site Terms or any breach by you of your responsibilities, representations and warranties.

9.2 You agree to indemnify and hold harmless “BSC Strategy Management Ltd” and its directors, other officers, managers, employees, shareholders, agents, affiliates, contractors and licensors from and against any and all such losses, damages, costs, expenses, claims and liabilities, including legal fees (on a full indemnity basis), resulting from any violation by you of these Site Terms or any breach by you of your responsibilities, representations and warranties.

  1. Linked Sites

10.1 We are not responsible for the availability or content of other services that may be linked to or from “Personal Strategy By Kit”.  Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services.

10.2 You further acknowledge and agree that we are not responsible or liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through services that may be linked to or from “Personal Strategy By Kit”.

  1.  Disclosure by Us

11.1 We may be legally compelled to disclose certain information.  You acknowledge and agree that, if we receive an order issued by a court or a subpoena or an enforceable order, notice or direction from a law enforcement or government agency, we must comply and will do so without your consent or prior notice to you.  You irrevocably authorise us to disclose your IP address, username, name, IP location and other information in response to any such order, subpoena, notice or direction.

  1. Disclaimers – General

12.1 “Personal Strategy By Kit” is available “as is“.  We do not warrant that “Personal Strategy By Kit” will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through “Personal Strategy By Kit”.  We do not make any warranties, express or implied, including those of merchantability or fitness for a particular or any purpose, with respect to “Personal Strategy By Kit” or any information, goods or services that are available, advertised or sold on or through “Personal Strategy By Kit”. We do not make any warranties or representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on “Personal Strategy By Kit” or available through links on “Personal Strategy By Kit”.  We reserve the right to correct any errors or omissions on “Personal Strategy By Kit”.

12.2 Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other malicious materials to “Personal Strategy By Kit”, we do not guarantee or warrant that “Personal Strategy By Kit” or anything that may be downloaded from “Personal Strategy By Kit” will not contain malicious materials of that type.  You acknowledge and agree that we are not liable for any damages or harm that you or a third party suffers or incurs and which is attributable to any malicious materials. If you rely on “Personal Strategy By Kit” and anything available through “Personal Strategy By Kit”, you do so solely at your own risk.

12.3 “Personal Strategy By Kit” may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles and other information created by us or by third parties.  Due to the number of sources from which content on “Personal Strategy By Kit” is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in that content.  Accordingly, Our Online Content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on “Personal Strategy By Kit” or through links is not adopted or endorsed by us and remains the responsibility of such third party.  We make no warranties or representations that “Personal Strategy By Kit” or any Online Content will meet your requirements, or about the results that you may obtain from your use of “Personal Strategy By Kit” and any Online Content.

  1. Limitation of Our Liability

13.1 Our liability to you is limited.  We and our directors, other officers, managers, employees, shareholders, affiliates, agents, contractors and licensors are not liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever, including lost revenues or profits, loss of business or loss of data in any way related to or connected with “Personal Strategy By Kit” or the Online Content, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in “Personal Strategy By Kit” or the Online Content, including as a result of a breach of any warranty or representation or other terms of these Site Terms.

13.2 Any claim against us is limited to the amount you paid, if any, for use of “Personal Strategy By Kit” or any applicable Online Content.  Regardless of any statute or law to the contrary any claim or cause of action arising out of, related to or concerning “Personal Strategy By Kit”, your use of “Personal Strategy By Kit”, or your access to and use of any Online Content must be commenced within one year after such claim or cause of action first arises.  These Site Terms may be pleaded as an absolute bar to any proceeding commenced more than one year after the claim or cause of action first arises.

  1.  Compliance with Laws

14.1 By using “Personal Strategy By Kit”, you undertake to comply with all applicable laws and regulations and, without limitation:

(a)  you must ensure that all software you install is lawful, properly licensed and used in accordance with all laws and applicable licences,

(b)  you must not use a service (or allow it to be used) to create, store, host, serve or transmit any:

  1. illegal content,
  2. spam,
  3. material that infringes copyright,
  4. defamatory material, or
  5. virus, malware or other malicious code,

(c)   you must not use a service (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose, and

(d)   you indemnify us, and must keep us indemnified, against any breach of this Section 14 in relation to any claim, action, liability, cost, expense or charge of any kind whatsoever in connection with any such breach.

  1. Governing Law

15.1 Any dispute between you and us will be governed by the laws of England and Wales.

  1. Interpretation

In the interpretation of these Site Terms:

(a)  headings are for convenience only and do not affect the interpretation of these Site Terms,

(b)  an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency,

€  a word denoting the singular includes the plural (and vice versa) and a reference to any gender includes the other genders,

(d)  references to “includes” or “including” (and any similar words or expressions) are to be construed without limitation,

€   references to a “Section” mean a numbered clause of these Site Terms and to the sections within each clause, and

(f)  references to “affiliates” include any subsidiary, other related body corporate or associate and to third parties contracting with us for the use of Personal Strategy By Kit – branded environments.

  1.  Contact us

17.1 We can be contacted by emailing kit.jackson@strategytogether.com

PERSONAL STRATEGY BY KIT – TERMS OF SALE

  1. All references in these Terms of Sale to “We”, “Us” and “Our” mean BSC Strategy Management Ltd.
  2. The amount of your subscription to “BSC Strategy Management Ltd” and any fees and other charges for products and services relating to “Personal Strategy By Kit” are VAT inclusive.
  3. Orders made for Personal Strategy products and services on the “Personal Strategy By Kit” website are subject to acceptance by us. Once we accept an order, the order will be notified to you by email as part of the ordering process. Access to any service is subject to payment first being made by you. We reserve the right to terminate your access to the “Personal Strategy By Kit” website and our services if you are not up to date with any payment.
  4. We use Stripe as our payment gateway, so no card or financial details are retained in any of our databases.
  5. We will not access your credit card, debit card or other financial details for any purpose other than to complete the transaction you request. You agree that we will not be held liable for any loss or damage of any nature you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
  6. You can cancel this contract within 14 days and receive a full refund. The cancellation period will expire after 14 days from the day the contract was entered into. To meet the cancellation deadline, send the communication concerning your exercise of the right to cancel before the cancellation period has expired by email to kit.jackson@strategytogether.com.
  7. No payment for or purchase of goods and services by you can be cancelled after 14 days and payments are non-refundable unless we agree (in our discretion) to make a refund to you or as set out below.
  8. If you are unable to readily access information on the “Personal Strategy By Kit” website for a period lasting more than 5 days, you should immediately notify us at kit.jackson@strategytogether.com. If we are unable to rectify the matter within a reasonable period after you notify us, and are unable to deliver you the service via other means (e.g. email, PDF etc), you will be entitled to a pro-rata refund of fees paid in advance for some or all of the service that remains undelivered. We will determine the amount of the refund. You agree that this is your sole remedy in these circumstances, other than any non-excludable rights that may be available to you under the English Consumer Law.
  9. Subscriptions to “Personal Strategy By Kit” may be cancelled except when paid upfront in a lump sum payment in order to receive a promotional reduction in fees. You will be able to cancel or terminate your recurring subscription prior to the end of the subscribed term at least 48 hours before the start of the next subscription period, but you will not be entitled to or granted a refund.
  10. These Terms of Sale are governed by the laws of England and Wales and are collateral to the Site Terms applicable from time to time to the “Personal Strategy By Kit” website. Any inconsistency is to be determined first by reference to those Site Terms.

 

Reviewed 23rd June 2023