Terms of Use

1. Introduction

Elevation Marketing & Consultancy and Marketing for the Micro-business are trading names of the sole trader, Jack Roberts, who can be contacted at 17 Crewe Road, Shavington, Crewe, Cheshire UK, CW2 5JE and via info@elevationconsulting.co.uk

Elevation Marketing & Consultancy, including any subsidiaries and affiliates, provides the information contained on this website or any of the pages comprising the website (“website”) or digital products made available for purchase (“digital products”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website Terms of Use, the privacy policy and any other relevant Terms of Use, policies and notices which may be applicable to a specific section or module of this website or digital products.

2. Acceptance of Terms.

By using the website or purchasing any digital products via this website you acknowledge that you have read, and agree:

• • to be bound by these Terms of Use and any other Terms of Use or Terms and Conditions that may apply, and
  • to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.

3. Information on the Website and Digital Products.

While every effort is made to update the information contained on this website and digital products, neither Elevation Marketing & Consultancy nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website or digital products (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website or digital products. Elevation Marketing & Consultancy reserves the right at any time to change or discontinue without notice, any aspect or feature of this website or digital products. No information shall be construed as advice and information is offered for information purposes only. You rely on the information contained on this website or digital products at your own risk. If you find an error or omission at this site, please let us know.

4. Copyright.

© Copyright 2008-2017 Elevation Marketing & Consultancy. All Rights Reserved. This website or digital products contains material which is owned by or licensed to Elevation Marketing & Consultancy. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. The right of Jack Roberts to be identified as author of this website and digital products has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.

5. Intellectual Property Rights.

In addition to any prohibitions and limitations imposed by relevant copyright law, in accepting these Terms of Use or by accessing and viewing pages of this website or digital products, you warrant and represent to the fullest extent permitted by law that you will not:

• • make a copy, whether hand-drawn, printed, screen-captured or in any other form, of any part of this website or digital products,
  • store any part of the website or digital products in a retrieval system, or
  • transmit, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) the website or digital products or any parts of them without our prior written consent.

6. Trademarks.

Unless otherwise specified, the trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website and digital products are owned by Jack Roberts t/a as Elevation Marketing & Consultancy. Nothing contained on this website or digital products should be construed as granting any licence or right to use any trademark without the prior written permission of Jack Roberts.

7. External Links.

External links may be provided for your convenience, but they are beyond the control of Elevation Marketing & Consultancy and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s Terms of Use of use.

8. Warranties.

Elevation Marketing & Consultancy makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or digital products, the information contained on the website or digital products, your personal information or material and information transmitted over our system.

9. Disclaimer of Liability.

Elevation Marketing & Consultancy shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website or digital products, any information contained on the website or digital products, or your or your company’s personal information or material and information transmitted over our system. In particular, neither Elevation Marketing & Consultancy nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

10. Use of the Website and digital products.

By accessing the website or digital products, you warrant and represent to Elevation Marketing & Consultancy that you are legally entitled to do so and to make use of information and functions made available via the website or digital products. If you breach any of the Terms of Use applying to the use of this website or digital products, your permission to use it automatically terminates. Unauthorised use of this website or digital products may give rise to a claim for damages and/or be a criminal offence.

11. Access and Availability.

11.1 Uptime.

While we endeavour to ensure that this website and digital products are normally available 24 hours a day, we will not be liable if for any reason this website or digital products are unavailable at any time or for any period.

11.2 Unexpected Downtime.

Access to this website or digital products may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

12. Jurisdiction.

Your use of this website or digital products and any dispute arising out of such use of the website or digital products  is subject to the laws of England.

13. General.

13.1 Agreement.

These websites and digital products Terms of Use:

• • are to be read in conjunction with any other agreements executed by your company and Elevation Marketing & Consultancy; or
  • if no such agreement has been executed, then these Terms of Use constitute the sole record of the agreement between you and Elevation Marketing & Consultancy in relation to your use of the website or digital products. Neither you nor Elevation Marketing & Consultancy shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms of Use supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Elevation Marketing & Consultancy in respect of your use of the website or digital products.

13.2 Alteration.

Elevation Marketing & Consultancy may at any time modify any relevant Terms of Use, policies or notices. You acknowledge that by visiting the website or digital products from time to time, you shall become bound to the current version of the relevant Terms of Use (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website or digital products.

13.3 Conflict.

Where any conflict or contradiction appears between the provisions of these Terms of Use and relevant Terms of Use, policies or notices, the other relevant Terms of Use, policies or notices which relate specifically to a particular section or module of the website or digital products shall prevail in respect of your use of the relevant section or module of the website or digital products.

13.4 Waiver.

No indulgence or extension of time which either you or Elevation Marketing & Consultancy may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

13.5 Cession.

Elevation Marketing & Consultancy shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms of Use, policies and notices to any third party.

13.6 Severability.

All provisions of any relevant Terms of Use, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms of Use, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant Terms of Use, policies and notices shall remain in full force and effect.

13.7 Applicable laws.

Any relevant Terms of Use, policies and notices shall be governed by and construed in accordance with the laws of England without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of England in respect of any disputes arising in connection with the website or digital products, or any relevant Terms of Use, policies and notices or any matter related to or in connection therewith.

13.9 Comments or Questions.

If you have any questions, comments or concerns arising from the website or digital products, the Privacy and Security Policy, these Terms of Use, the Terms and Conditions for purchases or any other relevant Terms of Use, policies and notices or the way in which we are handling your personal information, please contact us via info@elevationconsulting.co.uk in the first instance.

Buying Digital Products and Browsing the Website

Our Commitment to You:

1. We promise to protect your privacy. Except if required by law, we promise not to divulge any information that you provide to us. We use the information we collect about you to process orders, including calculating the amount payable, and to otherwise communicate with you, if you have given us consent. We may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to our licensees. We promise that these statistics will not include any personally identifying information.
2. We promise to support your purchase. In the event that you require assistance with any digital product purchase, we promise to provide you with assistance.
3. We will only keep you informed of changes in products and services if you expressly give us permission to do so. We may add, delete or change some or all of our services at any time, including the manner in which those services are to be accessed. We will endeavour to keep you informed of these changes by publishing details on our website and, if you have given consent, by regular email. While we will use our best endeavours, we do not guarantee that our service or products will be available at all times or in all locations.

What you promise to do

By using our services, including browsing our site, you promise to observe these principles:

1. You promise to respect copyright and otherwise observe the law. That is, you promise to not use any edigital product that we have supplied other than on the terms (including this notice and our Terms & Conditions) upon which it was supplied to you.
2. You may view this Website and its contents using a web browser. You may make copies of portions of this website and digital products solely for your own personal use (information, research or study) provided that you do not modify the copy from how it appears on the Website and that you include the copyright notice ” Copyright 2008-2017 Elevation Marketing & Consultancy. All Rights Reserved”, and any other copyright notice which appears with the material you are copying, on the copy that you make.
3. Save for the foregoing, you promise not to reproduce, transmit, make available, adapt, modify, frame (by whatever means), link to, forward, create derivative works based upon, distribute, disseminate, sell, publish, sublicense, or in any way co-mingle the Content with other third party content, do any other act of copyright, or otherwise use any of the material on the site without first obtaining the written permission of Elevation Marketing & Consultancy (info@elevationconsulting.co.uk), or unless specifically permitted by applicable copyright legislation.
4. You promise to pay for our digital products and pay all applicable taxes. Browsing the website is free.
5. You promise to provide us with accurate information.
6. You promise to keep any digital products in the form in which it was supplied to you. We may include other information (including information identifying the author, the copyright owner, or the terms upon which the digital product is supplied) to any digital product supplied to you. You promise not to circumvent any measures that we have taken to protect the rights in the digital products that we have supplied, including removing this information or otherwise facilitating an infringement of copyright.
7. You promise not to compromise the integrity of our software or systems. That is, you promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Marketing for the Micro-business Website or any of the software used to supply you with digital products.
8. You promise not to take action of any kind against us in the event of our termination of this agreement, non-supply, or unfitness for purpose. That is, you release Jack Roberts t/a Elevation Marketing & Consultancy, or servants and agents (“us”) from any liability if we terminate or suspend your entitlement to use our services. We will only do this if you fail to observe one of these principles. You release us from any liability if we fail to provide you with a service or a product within a reasonable period after you request it. You release us from any liability if the software that we provide to you is not suitable for your existing hardware or software. Some jurisdictions do not permit the disclaimer of implied warranties, in which case this disclaimer will not apply to you. You may have rights additional to this agreement and which vary from jurisdiction to jurisdiction.