The effective date of these Terms and Conditions is 29 June 2017.
Your attention is draw to the limitations on liability set out in clause 16 (Our responsibility for loss or damage suffered by you) of these Terms and Conditions, which limit our liability to you.
1. Our details
Our site is operated by Note Harbour Limited (Note Harbour, we, our and us). Note Harbour is a limited liability company registered in England and Wales (registration number 08761645). Our registered office is Cranleigh, Burton Street, Marnhull, Dorset, DT10 1JJ. VAT number: 217441721.
To contact us, please email firstname.lastname@example.org.
2. Acceptance of our Terms and Conditions
3. Relationship between these Terms and Conditions and additional terms
These Terms and Conditions refer to the following additional terms:
our Developer Terms, which set out additional terms on which Web Specialists may access and use our site.
5. Changes to our site
We may update and change our site from time to time for any reason and without giving prior notice to you.
6. Suspension or withdrawal our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or will remain uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for any reason. We may prohibited you from accessing our site for whatever reason and we are under no obligation to provide you with any access or use of our site whatsoever.
7. No representation as to the availability of our site on particular browsing devices or outside the United Kingdom
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Our site is intended for viewing on a laptop, desktop or PC. While our site may be viewable on other web-browsing devices, we make no representations and provide no warranties that our site will be viewable, or any of its interactive functions operative, on any other type of device, including, without limitation, smartphones, tablets, commercial displays or otherwise.
8. Use of material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without first obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, including any derivative works.
9. Prohibited uses
You may only use our site for lawful purposes. You may not use our site, our enquiry form or the information on our site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below in these Terms and Conditions;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and/or
for the purpose of competing with us, whether directly or indirectly.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions or any other applicable terms from time to time; and/or
not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; and/or
any equipment or network or software owned or used by any third party.
10. Interactive services
We may from time to time provide interactive services on our site (interactive services).
Where we do provide any interactive service, we will be under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or legal guardian. Parents who permit their children to use an interactive service should communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
11. Content standards
These content standards apply to any and all material which you contribute to our site or send to us via any online forms on our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; and/or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12. Suspension and termination
We will determine, in our sole discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach of our Terms and Conditions has occurred, we may take such action as we deem appropriate.
immediate, temporary or permanent withdrawal of your right to use our site;
immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
issuance of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we consider necessary.
13. Information provided on non-reliance basis
The content on our site is provided for general information only. It does not constitute advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
You will not hold us responsible in any way for the consequences of third parties (whether Web Specialists or otherwise) who may contact you as a result of your using or accessing our site, including the completing of some or all and/or sending of an enquiry via an enquiry form on our website.
Quotes provided by Web Specialists on our website are indicative only and represent only an invitation to treat, not a binding contractual offer. A binding contract between you an one of Our Web Specialists shall only come into force when you have contacted or been contacted by a Web Specialist and agreed that they will build your website for you and any other necessary terms. Unless otherwise indicated by the Web Specialist, a binding contract shall only be entered into between you and a Web Specialist after you have discussed your requirements with them directly and formally agreed that they will complete the work for you.
Our Web Specialists may amend their quote in the event that further information regarding your website request comes to light which will increase or decrease the cost of the work and are under no obligation to undertake any work for you. Quotes provided are based on the description of your requirements which you have submitted via the enquiry form on our homepage. To the extent your requirements differ from those described in the description submitted via the enquiry form, our Web Specialists reserved the right to amend their quote.
14. No responsibility for linked websites
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Your should refer to the privacy policies and terms and conditions of use of such third-party sites.
15. User-generated content is not approved by us
Our site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please email us at .
16. Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user we exclude liability to you to the maximum extent permitted by law, subject to the following:
we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation; and
where you are a Web Specialist and are on our developer mailing list, any additional limitations and exclusions of liability will apply to liability arising as a result of, or in connection with, the supply of any leads to you, which will be set out in our Developer Terms.
We will not be liable to you in any way in connection with information, content or quotes provided by or services supplied by Web Specialists. You recognise that we simply provide a service which allows consumers to connect with website developers directly and that we do not employ or engage, nor are we in partnership with any Web Specialists on our site. We cannot be held responsible for any work or quotes provided by Web Specialists and you agree to hold us harmless in respect of any such quotes or work provided by any Web Specialist, whether you have contacted them through our site our otherwise.
We make no warranty and give no indemnity in respect of the services or quotes supplied by Web Specialists on our site. You agree and accept that references to 'our Web Specialists' or 'our web developers' (or any similar phrases) is simply a reference to the fact that the Web Specialist is or may be on our developer mailing list from time to time and does not suggest any control over or responsibility for such a Web Specialist.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage in any way whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from, in connection with or relating to:
use of, or inability to use, our site; and/or
use of or reliance on any content displayed on our site.
In particular, we will not be liable to you for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; and/or
any indirect, secondary or consequential loss or damage.
We only provide our site for domestic and private access and use. You agree not to access and/or use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Terms and Conditions above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below in clause 18 (Rights you are giving us to use material you upload).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, if required by law, or if we consider it reasonably necessary in the circumstances.
We have the right to remove any posting you make on our site regardless of whether it complies with the content standards set out in our Terms and Conditions above or not.
You are solely responsible for securing and backing up your content and we assume no liability to you in this regard.
Where you have submitted information via our site, including the use of the enquiry form on our homepage, we may contact you directly to ascertain and confirm whether you used a web developer on our mailing list to build your website or to provide you with other services. If we contact you to confirm such information, you agree and accept to provide such information as we may request, including (but not limited to) the price which you agreed to pay for the website or other services. You further agree that any information you provide to us will be true and accurate.
18. Rights you are giving us to use material you upload
When you upload or post content to our site , you grant us the following rights in relation to that content:
a perpetual, worldwide, exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content across different media and to use that content in connection with our site and our services; and
in relation to third parties selected by us from time to time, the right to use your content for their purposes and/or in accordance with the functionality of our site.
The right to use content which is uploaded or posted to our site shall note expire when you delete that content from our site.
19. Viruses and malicious activity
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
20. Linking to our site
You may not link to our site or any page of it without obtaining our prior written consent.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any site that is not owned by you.
Our site must not be framed on any other site, nor, where we grant written consent to you to link to our site, may you create a link to any part of our site other than the home page.
Where we grant the right to link to our site, we reserve the right to withdraw that permission with immediate effect by providing notice to you.
The site from which you are linking to our site must comply in all respects with the content standards set out above in these Terms and Conditions.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
21. Account details
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at.
22. Trade marks
'Digital Marketing Courses 4U' and 'digitalmarketingcourses4u.com' are trade marks of Note Harbour. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 8 (Use of material on our site).
If any provision or part-provision of these Terms and Conditions or any other applicable terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 24 (Severance) shall not affect the validity and enforceability of the rest of these Terms and Conditions or any other applicable terms.
24. Conflict of terms
25. Governing law and jurisdiction