Effective Date: 01/11/2020
1. Introduction to Conditions
These Service Terms and Conditions (these “Conditions”) govern your access and use of www.scottrdempsey.com and my.scottrdempsey.com (our “Sites”) as well as your use of the associated online education and coaching services provided to you (collectively, the “Services”). The above Sites and the Services are provided to you by Dr S R Dempsey, a sole trader with tax ID 9548847231 (“SR Dempsey”) from our base of operation in the United Kingdom (“UK”).
2. Definitions of Terms
Under these Conditions, the following terms have the meanings ascribed to them.
- Sites: The websites and other platforms operated by Dr S R Dempsey under these Conditions, including www.scottrdempsey.com, my.scottrdempsey.com/.
- We/us/our: Dr S R Dempsey and any employees or affiliates.
- You/your/user/member: Anyone accessing any of our Sites and/or using our Services, including the students, parents, teachers and other educators.
- Services: The online education, tutorial, coaching, consulting, private tuition, mentorship and other services provided by Dr S R Dempsey in association with our Sites.
3. Your Acceptance of These Conditions
By accessing any of our Sites and using our Services, it confirms your intent to be bound by these Conditions. We will provide a link to these Conditions anywhere relevant. Your intent to be bound by these Conditions will be validated when you tick or click the “I agree/ I accept” link or box. You should, however, not continue accessing our Sites or request for our Services if you do not agree to these Conditions, as well as any additional terms and conditions that may apply to certain parts of our Services.
4. Service Eligibility
In order to access our Sites, submit personal data or receive our Services, you must be at least 14 years of age and must be able to form a legally binding agreement. If you are under 14 years of age, and you wish to engage our Services, you should do it through a parent or legal guardian, whichever applies. Also, your use of our Sites and Services must not violate any applicable law, ordinance or statute.
5. Membership Account
6. Usage Rules
By accessing any of our Sites, you agree to stay away from the following prohibited activities:
- Engaging in any automated use of any of our Sites, including without limitation, using spiders, robots or offline readers to access our Sites in a way that overburdens them;
- Distributing, copying or disclosing any portion of our Sites in any medium, such as through “scraping”;
- Sending chain letters, spam or other unsolicited emails through our Sites;
- Any attempts to interfere with, decipher any transmission to or from or compromise the system security or integrity of the servers running our Sites;
- Engaging in any actions that may place unnecessary large loads or burden on the servers that make up our Sites;
- Transmitting viruses, invalid data, worms or other software on any of our Sites;
- Using any of our Sites in order to gather, harvest or collect personal data, such as account name;
- Using our Sites or Services in a manner not described under these Conditions or otherwise engaging in inappropriate use of the Sites;
- Any attempt to gain access to any Sites’ Content (described in section 8) or restricted portions using any unapproved technology or software; or
- Any attempts to bypass the measures put in place to restrict access to any portion of our Sites, including but not limited to, the copying of any restricted Sites’ Content.
7. User Generated Content
Our Sites may provide certain areas where you can post certain user-generated content, such as comments. Likewise, we may import your reviews and testimonials about from other third party software to our Sites (all “User Generated Content”).
By submitting User Generated Content to any of our Sites, you agree that such User Generated Content will not:
- Create or portray any risk of harm, physical or mental injury, death, emotional distress, disability or otherwise create any mental or physical illness to you or other Sites’ users;
- Create a risk of damage or loss to any individual or property;
- Directly or indirectly solicit personal data or expose other members to inappropriate content;
- Contribute to a crime or tort;
- Contain content that is under these Conditions and any applicable law to be unlawful, harmful, racial, abusive, offensive, infringing, defamatory, privacy-invasive, harassing, threatening, profane, libellous or otherwise objectionable;
- Contain any information that you do not have the right or permission to make available under any law or fiduciary or contractual relationship;
- Violate any third party rights, including without limitation, any privacy right or other intellectual property rights; or
- Contain inaccurate, incomplete or false information.
SR Dempsey reserves the absolute right, but not the obligation, to modify, reject, remove or delete any User Generated Content that we believe, in our discretion, violates these Conditions or any applicable law.
You retain the right to any User Generated Content you submit to us. SR Dempsey does not claim any ownership to your User Generated Content. You also take responsibility and the consequences of any User Generated Content you post on any of our Sites or other software.
By posting User Generated Content to any of our Sites, you hereby grant SR Dempsey (and other members or visitors) a non-exclusive, worldwide, irrevocable, limited, royalty-free, perpetual license to use, modify, distribute, display, publicly-perform, delete, prepare derivative works or publish your User Generated Content on any of our Sites or in relation to our Services in any media formats and channels known now or to be later developed.
8. Intellectual Property Rights
Aside from your User Generated Content and other content posted by affiliates, all the content available on our Sites, including without limitation, the texts, audios, videos, software, images, source codes, databases, graphics, illustrations and photographs (“Sites’ Content”), as well as our service marks, logos and trademark are licensed to SR Dempsey, and are subject to copyright and other intellectual property rights in the UK and other locations.
All our buttons, graphics, logos, page headers, button icons and service name are registered trademark and trade dress of SR Dempsey in the UK and other locations. You are not permitted to use our trademark and trade dress, including as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and you may not copy or use our trademark without written permission from SR Dempsey.
9. Our Licence Grant to You
Subject to your compliance with these Conditions and your ability to access our Sites, we grant you a limited, non-sublicensable, non-transferable, non-exclusive license to use any of our Sites and the Sites’ Content which you have gained proper access for your personal, non-commercial use. The license granted to you hereunder does not cover (i) the extraction of any data from any of our Sites through data-gathering or extraction tools, including without limitation, robots, miners and scrappers; and (ii) the removal of any copyright, patent, trademark, Sites’ Content or other intellectual property right notices from any of the Sites. SR Dempsey reserves all rights not granted to you in relation to our Sites’ Content, trademark, service marks and other intellectual properties.
10. Service Fee and Payments
The Service fee relevant to the length or type of Services you require shall be discussed and agreed to between you and SR Dempsey during the free strategy session. The agreed Service fee shall be paid through one of our Sites, using our secure payment gateway (Stripe). Subject to your choice, the Service fee may be charged per session, per month (4 sessions) or per other discussed arrangement during the strategy session.
We reserve the absolute right to change our Service fee at any time without liability to you. Such changes shall be effective upon we posting it through any of the Sites or other communication media. Changes to our Service fee shall not apply to you if you have already paid for a particular session or month. By using our Services, you agree to the foregoing payment terms and conditions, including any changes that may occur to our Service fee.
11. Service Booking, Cancellation and Refunds
All bookings and payments for our Services must be made at least 48 hours before the session time. This is to enable SR Dempsey to make the necessary preparations before the session time. You have the right to cancel an already booked session and get a refund – provided that such cancellation request is made 24 hours before the session time. Cancellation notices given beyond this time will yield no refund of the Service fee, as this will be a loss on our part.
Also, if after the first full session with SR Dempsey, you are not satisfied with the Services for any reason, you may be entitled to a full refund of the total Service fee. If SR Dempsey wishes to cancel the session, notice will be given to you 24 hours before the session, and you will be entitled to a full refund of your Service fee or a reschedule of the session, whichever applies.
12. Services are Provided Online
In order to receive the Services and engage in the sessions with SR Dempsey, you are required to download certain third party software or applications. Also, you are required to connect with SR Dempsey through the software or application with internet access, which is your sole responsibility. You are responsible for buying sufficient data packages on your network to access the sessions. Any failure to engage in any session as a result of no internet access shall be your liability.
13. Third Party and Affiliate Links
We advise you to review the terms and conditions and policies of any Third Party Links accessed through any of our Sites. SR Dempsey will not be liable to you or any third party for any loss or damages incurred from any Third Party Link accessed through any of our Sites.
15. Disclaimer of Warranties and Liability Limitation
Read this section carefully as it relates to the disclaimer and limitation of SR Dempsey’s Services and our Sites. This section is to the extent permissible under the applicable law. Some jurisdictions do not permit the disclaimer of certain implied warranties or the exclusion or limitations of certain liabilities. If this applies to you, then some of the limitations under this section may not be applicable to you, and you may have additional rights. Nothing under these Conditions or section is intended to limit any rights that is not limited under applicable law.
YOU HEREBY ACKNOWLEDGE THAT YOUR ACCESS AND USE OF ANY OF OUR SITES AND SITES’ CONTENT, AS WELL AS OUR SERVICES, IS AT YOUR SOLE RISK. WE PROVIDE OUR SITES, THE SITES’ CONTENT AND OUR SERVICES ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY TO YOU, WHETHER AN EXPRESS WARRANTY OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PURPOSE OR NON-INFRINGEMENT.
WE DO NOT WARRANT TO YOU THAT:
- ANY ADVICE OR COACHING YOU TAKE FROM SR DEMPSEY’S SERVICES, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT STATED UNDER THESE CONDITIONS;
- THE SITES’ CONTENT AND ANY INFORMATION ATTACHED TO THEM, AS WELL ANY INFORMATION OBTAINED THROUGH ANY OF OUR SITES IS ACCURATE, RELIABLE OR CORRECT;
- THE SITES WILL BE AVAILABLE AT ALL TIMES, AND THAT YOUR ACCESS TO OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED;
- ANY PERSONAL DATA YOU SHARE WITH US WILL BE 100% SAFE FROM CYBER ATTACKS;
- THE THIRD PARTY LINKS AVAILABLE ON OUR SITES ARE SAFE TO ACCESS OR OTHERWISE ACCURATE; OR
- YOUR USE OF SR DEMPSEY WILL SOLVE YOUR EDUCATIONAL DILEMMAS.
BASED ON THE ABOVE DISCLAIMER: TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SR DEMPSEY, OUR AFFILIATES, EMPLOYEES, DIRECTORS, LICENSORS, SUBSIDIARIES, PARENT COMPANY, AGENTS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OF PROFIT LOSS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, WHICH MAY ARISE AS A RESULT OF:
- YOUR USE OR INABILITY TO USE OUR SITES OR SERVICES;
- YOUR ACCESS OF ANY THIRD PARTY LINKS THROUGH OUR SITES;
- YOUR RELIANCE ON THE SERVICES WE PROVIDE;
- YOUR USE OF ANY SITES’ CONTENT; OR
- ANY UNAUTHORISED ACCESS TO YOUR PERSONAL DATA THROUGH CYBER ATTACKS.
NOTWITHSTANDING THE ABOVE, SR DEMPSEY’S LIABILITY, IF FOUND LIABLE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE SERVICE FEE YOU PAID TO US IN THE PAST 6 MONTHS OR A SUM OF $100, WHICHEVER IS GREATER.
THIS LIMITATION PARAGRAPH APPLIES WHETHER THE LIABILITY ALLEGED IS BASED ON TORT, CONTRACT, NEGLIGENCE OR ANY OTHER BASIS, EVEN IF SR DEMPSEY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to defend, indemnify and hold harmless SR Dempsey, affiliates, employees, directors, licensors, subsidiaries, parent company, agents and partners from and against any claims, liabilities, demands, losses, damages, expenses (including reasonable attorney’s fees) made by any third party as a result of (i) your use of any of our Sites, the Sites’ Content and our Services, as well as any User Generated Content posted on our Sites (ii) your violation of these Conditions, any applicable law or any third party rights and privacy, and (iii) the use of your member account by any individual other than you.
17. Terms and Conditions
The term of these Conditions shall begin from the date of your access of any of our Sites and/or use our Services till the date you stopped accessing our Sites and using our Services. You may terminate these Conditions by closing your member account and halt the use of our Services. SR Dempsey reserves the right to terminate your access of our Sites or use our Services for any reason or no reason at all, including for violating these Conditions, any applicable law or failing to honour your payment obligations.
18. Governing Law and Jurisdiction
These Conditions and your use of our Sites and Services shall be governed by and construed in accordance with the English law without regard to conflict of law and its provisions, and the English courts located in the Buckinghamshire county shall be the jurisdiction of all disputes, claims and litigations related to our Services. You hereby agree to the governing law and the exclusive jurisdiction mentioned above.
19. Changes to Services and These Conditions
We reserve the right to review, change or alter a portion of these Conditions. Likewise, we reserve the right to discontinue, suspend or change a part of our Sites or the Services without liability to you. Changes to any part of these Conditions or our Services will be communicated to you via the relevant medium, including via these Conditions, your email address or other channels.
For changes to these Conditions specifically, you are advised to keep reviewing this page, as changes will be posted by changing the Effective Date above. By accessing any of our Sites or using our Services after any changes to these Conditions, you are consenting to be bound by such changes.
20. General Terms
These Conditions and other additional terms that apply when you use certain parts of our Services constitute the entire agreement between you and SR Dempsey in relation to your access of our Sites and use of our Services, and it supersedes all contemporaneous understandings and agreements that you and SR Dempsey may have agreed to prior to it in relation to our Services.
You are not permitted under these Conditions to assign, transfer or share your rights and licenses granted to you by SR Dempsey in relation to our Sites and Sites’ Content to any third party without our written consent. SR Dempsey, on the other hand, reserves the right to assign, transfer or share any of our rights and licenses granted to us hereunder to third parties, including to third party service providers who carry out certain tasks on our behalf.
The failure of SR Dempsey to enforce any rights or provision under these Conditions on certain violations shall not be a waiver of our rights to enforce such a right or provision on subsequent or similar violations at a later date.
If any provision or paragraph under these Conditions is found to be unenforceable or invalid by the applicable court, such a provision or paragraph shall be deleted or severed (or otherwise edited to be enforceable), and it shall not affect the enforceability or validity of the remaining provisions or paragraphs.
Should SR Dempsey fail or delay in providing the Services to you at any point in time due to events that are beyond human control, we shall not be liable for any damage or loss you may suffer due to our inability to or delay in providing the Services at the stipulated time. Such events may include, without limitation, pandemics (such as COVID-19), riots, wars, internet breakdown, third party software malfunction, civil unrest, earthquakes and other acts of God.
21. Contact Information
If you have any enquiries, questions and complaints regarding these Conditions and our Services, please direct them to us via the company contact data below:
Dr S R Dempsey