TERMS & CONDITIONS OF USE STATEMENT FOR GARYFOX.CO (“THE WEBSITE”)
1. Introduction
This is the official Website of Gary Fox & Co (“GF&CO”, “we” or “us”). The terms and conditions set out below govern the use by you of the Website. In using the website you agree to these terms.
Please note that the primary purpose of our Site and the Services is to find information, use resources, attend events, take courses in and be educated in the Innovation and Creativity sector (“Innovation Services”).
We consider ourselves an ethical and morally responsible company and agree to treat you and you and your data fairly and with respect.
We reserve the right to change the terms of use of the Website at any time and we urge you to to check the terms of use from time to time to ensure that you have seen the latest version. It is your responsibility to check our website periodically for changes. Your continued use of access to our website following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
By agreeing to these terms and conditions you confirm that you are aged 18 years or older and that you are legally free to enter into this agreement. You agree that you may not use any of our products for any illegal or unauthorised purposes nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of our service or products. A breach or violation of any of the terms will result in an immediate termination of services to you.
2. Copyrights and Trademark
Subject to the provisions below, the copyright, intellectual property rights and all other owned rights in all content, graphics, tables, images and underlying codes of the Website (and any of our courses, workshops, webinars or products) belongs to GF&CO and is hereby asserted. Any copying or modification of all or any part of the Website is strictly prohibited.
The Website also contains materials belonging to our third-party partners. These are displayed on the Website with their kind permission, for the purpose of promoting the range of services offered by them and are for display only. Any copying of such materials is strictly prohibited.
Where data has been uploaded for public consumption by our members who are using our Innovation and Creativity Services, this data and their copyright, intellectual rights and all other rights are owned exclusively by them and copying of modification of any part of these data is strictly prohibited.
We hereby assert and reserve all our copyright, design right, moral rights, the moral rights of our employees, community design rights and all other rights in law of whatever type anywhere in the world to protect our intellectual property, goodwill and reputation.
3. Use of cookies
The website, and subsequent sub-domains of the website (including, but not limited too shop.garyfox.co, garyfox.co, nowgoinnovate.com and any of the subsites or subdomains) use cookies to store information about visits in order to improve your experience and to allow the website to provide content that is more relevant to the visitor.
The website also uses Google Analytics to record & track visitor data. We use this data solely for our own purposes of improving the website. The data is not shared or sold to any third parties. We do not use any data for the purpose of providing advertising or promoting third parties nor “remarketing”.
We do not use any cookies that track your use of the internet on websites other than our own. By using this website you agree to our use of cookies.
4. Links to other websites
The Site, Services and Innovation and Creativity Services, may provide links to third party web sites or resources not associated with us and over which we do not have control (“External Web Sites”).
Such links do not constitute an endorsement by GF&CO of the External Web Sites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that GF&CO is only providing these links as a convenience, and is not in any way responsible for the content of such External Web Sites.
Complaints, claims, concerns or questions regarding third-party products or services or their websites should be directed to the third party.
5. Data Security & Usage
The security of your personal information is important to us. GF&CO employs procedural and technological measures to protect your personally identifiable information. These measures are reasonably designed to help protect your personally identifiable information from loss, unauthorised access, disclosure, alteration or destruction.
We use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your personally identifiable information.
We do not guarantee that your use of our service will be uninterrupted, timely or error free.
You agree that you will not transmit any worms, viruses, malware or any other code of a destructive nature, or that collects or copies any of our data or copyrighted material or that of our members to our website.
6. Mailings & Marketing
Newsletters and occasional marketing and forum mailings are made to our users.
GF&CO complies with the laws laid out in the General Data Protection Regulations (GDPR).
We will never give or sell your details to third parties – your data will remain solely with us and our group of companies. You have the right to opt-out of any marketings: If you have already opted in to receive email from us but do not wish to continue to receive such mailings you can simply opt-out using the unsubscribe link provided at the bottom of every email.
With the purchase of some products, the user is also added automatically to a relevant support forum. These support forums also provide regular updates via email – again, of you do not wish to receive forum emails you can simply opt-out using the unsubscribe link provided at the bottom of each email. Please note that the forum emails and the newsletter/marketing emails both require separate unsubscribes for users who do not wish to receive them – this is due to our right to retain your data to be able to fulfil a contract with you while you are paying for that service.
For more information on how your data is stored, used, managed and your rights to your data and its use, please refer to our Privacy Policy.
Form time to time we may also advertise our products to you using the Facebook, Google Adwords, Twitter, and LinkedIn platforms. For more information on the terms and conditions and privacy policies of these companies, please see the relevant terms and conditions and privacy policies of these companies as these are out of the control of GF&CO. However these advertisements will not appear on or within the GF&CO websites.
With some of our products and services, for example (but not limited to) some webinars we run on certain platforms, we may collect telephone data and use SMS marketing to assist with two-factor authentication, or to inform you of start times, changes to event details, or to illustrate or advertise products or services. If you wish at any time to opt-out of these SMS marketing communications contact our support team using the Contact Us page and we will respond to your request.
7. Compliance
All parties are required to comply with UK and EU legislation relating to websites and e-commerce.
8. Unauthorised Use of the Website
The following uses of the website are unauthorised, a breach of these conditions and may be an infringement or even a crime and result in your immediate cancellation of services:
(a) Any unauthorised use or copying (or plagiarism of) of our name, trading style, get-up, confidential information or data (being information of a confidential nature the misuse of which will foreseeably damage our business reputation or goodwill) or copyright material or that of our members, in any location globally and on any platform available now or in the future.
(b) Unauthorised entry to any non-public part of the Website, including its underlying codes, or into any of our private computer systems.
(c) Unauthorised copying, downloading or framing or embedding of any part of the Website.
(d) Unauthorised covert or overt linking of any part of our Website with another or interception of visitors or potential visitors.
(e) Any action which is intended or has the effect of deceiving or misleading us or third parties, whether for gain or otherwise.
(f) Any action incurred in the website which is illegal or breaks any laws, is defamatory, bigoted, homophobic, racist, sexist, ageist or may bring GF&CO into disrepute.
9. Children/Minors.
We recognise the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Children under the age of 18 may not register for an account or register for or purchase Courses.
Individuals over the age of 13 but under the age of 18 may only use the Services with the involvement, supervision, and approval or a parent or legal guardian – in such cases the parent or legal guardian must register for their account or purchase the product or services, and it is the parent or guardian that accepts the terms of this policy.
It should also be noted that there are elements of profanity in some of our course and resource material which should be monitored by parents or guardians as to appropriateness for persons aged between 13 and 18, and in such cases parents or guardians should exercise parental guidance.
10. Subscriptions and Cancellation Policy
Some of our products and memberships are based on a Subscription Model where repeat payments are taken on a weekly, monthly, or yearly basis depending on the product you have chosen. It will be clearly stated for each product at the point of sale, whether this is a subscription product and if it is, what the price and frequency of the subscription is.
After the sale an email will be sent to you with the receipt of your subscription. You can cancel or suspend this Subscription by emailing our support team. You may cancel the subscription at any time and with no cancellation fees. None of our subscription products carry a minimum subscription term nor a setup or introductory fee.
With all of our subscription products, cancellation will restrict access only after the time period you had originally paid for has elapsed. For example, if you purchased a subscription product on day 1 which was a 30 day frequency and cancelled on day 15, you would continue to have access for another 15 days until the paid term has ended. If however the product was refunded your access will be revoked immediately.
If you ever have any issues or concerns or questions about your data, please see our Privacy Policy for clarification and for details on how to contact us for help.
11. Forums
Our forums, including our mentoring forums are intended to be a useful, inspiring and engaging place to discuss topics. To this end, GF&CO will not tolerate any abusive behaviour to our staff, or to other forum members. We will also not tolerate any illegal behaviour or activity, including but not limited to sexism, racism, bigotry, homophobia, ageism, nastiness, unnecessary profanity or meanness in general. Please respect each other in the forums.
Please also note that any illegal activity will (as with all our forum content) be recorded and passed to the relevant authorities.
Our forums are moderated, but in no way reflect the views or opinions of GF&CO, nor do we take any responsibility nor liability for any content therein. Where views are expressed by forum moderators or administrators, these views are their own and not those of GF&CO.
All users must act in a responsible, safe and pleasant way – GF&CO reserve the right to delete content, and block/bar users from the forum – be nice to each other!
12. Refund Policy
We comply with UK and EU law on refunds. We offer a full refund on all non-digital goods and services purchased up to 12 days after the original purchase date. The following exceptions apply: In the case of purchasing a subscription which comes with a free trial, the free trial period is considered time enough to evaluate the product, and as your payment details were entered at the point of purchase, this is considered the purchase point, therefore the trial period will be included within the refundable time-period.
In the case of digital products such as pdf or other such digital products, we are unable to offer any refund policy.
In the case of individually sold online courses the user must have completed less than 50% of the course to qualify for a refund.
In the case of tickets, events, workshops, webinars, conferences, awards ceremonies and face-to-face courses we reserve the right to charge a cancellation fee which is relevant to the amount of time before the event the purchase is cancelled. If the user cancels before 1 week of the event start date there will be a full refund, if the user cancels between 1 week and 48 hours of the start date the cancellation fee will be 50% of the purchase price and if the user cancels within 48 hours of the start date the cancellation fee will be 100% of the purchase price. We do not offer refunds after the purchased event has passed.
13. Your Data
You will likely upload data (meaning text, images, audio files, demo reels, video content, links to external resources, company information, telephone numbers, your own image and likeness, forum messages, email addresses, CRM data, Career Profile Website data and any other types of data not listed here) to the GF&CO sites. This data will be accessible by GF&CO employees, their contractors and temporary works on a restricted basis and will only be used for administrative purposes and/or to assist you as a member.
Some sections of the Site and the Innovation and Creativity Services inherently display some of your data publicly or to other GF&CO members. Some examples of this (but not limited to) are the Innovation and Creativity Mentoring Forums, the Live Mentoring Sessions, Interactive Webinars and Career Profile Websites. In these cases, you acknowledge that in posting data to these Innovation and Creativity Services, you are aware that this data is public and indemnify GF&CO against their misuse by the public.
You should be aware that when you voluntarily display or distribute personally identifiable information, that information could be collected and used by others. GF&CO is not responsible for the unauthorised use by third parties of information you post or otherwise make available publicly.
In cases where you upload data that is displayed publicly, you agree to grant GF&CO a non-exclusive license to display the data, globally and in all regions, without any fee incurred, and for the duration that you wish to display the data, and on all platforms that the Site and the Innovation and Creativity Services may be available on now and in the future.
In cases where you upload data that is not displayed publicly, you agree to grant GF&CO a non-exclusive license to display the data on our website for your own use, and with private and confidential but visible access to our support staff only, without any fee incurred, and for the duration that you wish to display the data, and on all platforms that the Site and the Innovation and Creativity Services may be available on now and in the future.
You agree that you are free to, and/or have an adequate license to, and/or have adequate permission to use (and to license to us) any data that you provide or upload to the Site and the Innovation and Creativity Services. You also agree to indemnify GF&CO against any breaches of copyright law or license or permissions of data, or any litigation that may uprise from your data and it’s permissible use that you have uploaded.
For a full breakdown of your data use, please see our Privacy Policy.
14. Limitation of liability
To the maximum extent permitted by law, in no event shall the company, its licensors, affiliates, employees, agents, officers or directors be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the website or of any website referenced or linked to from our website. You will be responsible for all claims and damages resulting from the misuse of the website by you.
15. English law
The Website and its contents, and these terms and conditions set out in this document are governed by English law.
In the event that any provision of these terms and conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Contact Us.
We welcome your comments or questions concerning our Terms and Conditions. If you would like to contact GF&Co regarding this, please contact our support team using the Contact Us page
These Terms and Conditions were last updated May 2019, V1.1.0