Andrea McLean Limited
- General Information
1.1 Andrea McLean Limited (AM) Products
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on http://www.andreamclean.com/(the “website”), through our applications (the ”Apps”) or via other delivery methods to you (the website and such content, products, online courses, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time to time at the sole discretion of ‘AM’).
Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “andreamclean.com”, “AM”, “us” or “we” refers to Andrea McLean Limited. We are registered in England and Wales company
number 05972684– registered office Squirrels Wood, Reigate Road, Leatherhead KT22 8QY
The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products.
When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is email@example.com All correspondence to ‘AM’ including any queries you may have regarding the use of the Products or these Terms should be sent to this contact email address.
1.2 Basis of License
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by a director of ‘AM’.
1.3 Changes To Terms
‘AM’ reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.andreamclean.com Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
- Memberships and Subscriptions
2.1 Becoming A Member
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member, you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
(c) By registering for a ‘AM’ account, the Products, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy
of such information; and
(iv) Your use of the Products does not violate any applicable law or regulation.
2.2 Once A Member
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 Use Of ‘AM’ By Minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audio-visual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms.
As a ‘AM’ Member you will receive access to certain sections, features and functions of the Products that are not available to non-members. By agreeing to become a Member you may receive occasional special offers, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from ‘AM’ commercial emails by following the opt-out instruction in these emails. ‘AM’ membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidised, or free accounts or subscriptions.
a) ‘AM’ account holders may access the Products by subscription to them:
(i) “90 Day Blaze”: a subscription fee-based program, which gives access to all content included in the “90 Day Balze” offering. You will only have access to 90 Day Blaze while your subscription is active and subsisting.
(ii) “Foundation Course” a subscription fee-based program, which gives access to all content included in the “Foundation Course” offering.
(iii) “What If” a subscription fee-based program, which gives access to all content included in the “What If” offering.
(iiii) “Becoming Brave” a subscription fee-based program, which gives access to all content included in the “Becoming Brave” offering
You will only have access to “90 Day Blaze” or “Foundation Course” or “What If” or “Becoming Brave” while your subscription is active and subsisting.
o You may have access to a free trial period any of the above which may automatically converts to a paid annual or monthly subscription term after a certain period of time. In such instances, you, can disable the automatic conversion by following the cancellation instructions in the product settings.
o You may access “90 Day Blaze” or “Foundation Course” or “What If” or “Becoming Brave” in the following ways: by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through our subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the subscription may be administered by them.
(b) You may access “90 Day Blaze” or “Foundation Course” or “What If” or “Becoming Brave” via a one-time payment in full, split payments over a predefined amount of time (chosen at point of purchase), or a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.
(c) Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that ‘AM’ is authorised to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(f) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that ‘AM’ is authorised to charge the Payment Method used for
(i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) You agree to promptly notify ‘AM’ of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(f) In the course of your use of the Products, ‘AM’ and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to ‘AM’ and ‘AM’ third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(g) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. All prices in Pound Sterling include VAT unless otherwise stated. Prices in US Dollars and Euros include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through ‘AM’ for commercial purposes.
2.6 Device Requirements
To enjoy ‘AM’ via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.
2.7 Changing Subscription Plans and Prices
If you are a fully paid-up member and have an active subscription, your price will always remain the same as when you took out the subscription unless otherwise stated. If your subscription lapses and you re-join, you will pay the current rate at the time of re-joining. We reserve the right to change our subscription plans or adjust our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription plan will take effect following notice to you.
- Cancellation Of Services
3.1 Cancellation By You
(a) You may cancel a Monthly subscription at any time by emailing firstname.lastname@example.org and giving 5 working days notice before your next payment cycle is due to avoid being charged again for a full month. If the notice period is not given you may be charged a full months membership and no refund will be given. Cancellation is effective at the end of the applicable monthly period.
(b) You may cancel a Yearly subscription plan at any time by emailing email@example.com and giving 5 working days’ notice before your next payment cycle is due to avoid being charged again for a full year. If the notice period
is not given you may be charged a full year’s membership and no refund will be given. Cancellation is effective at the end of the applicable annual period.
(c) Please note that if you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic
renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your
iTunes Account settings and selecting the subscription you want to modify.
(d) If you purchased a subscription through the Google Play store you may cancel
automatic renewals in account settings under Subscriptions in the Google Play app, or
according to the current process outlined by Google Play.
3.2 Cancellation By Us
We may suspend or terminate your use of the Products as a result of any fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
3.3 Promotion and Discount Codes
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
- Prohibited Use Of The Products
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the
Products in an unauthorised manner.
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of ‘AM’.
- Materials Offered Through The Products
(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by ‘AM’ (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written
(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.
(c) Audio or video content from ‘AM’ not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive,
threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Products.
(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by ‘AM’ through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), ‘AM’ grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of England, United States America, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. ‘AM’ will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 Intellectual Property
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. ‘AM’ will fully enforce its intellectual property rights of the law, including the seeking of criminal prosecution.
- Availability of Products
6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at firstname.lastname@example.org or via the App under ‘More/Settings/Report a Bug and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply.
- User Material
7.1 The Products may let you submit material to us: for example, you may be able post comments or images in certain functions or features of the Product. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by ‘AM’ or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise ‘AM’. You acknowledge that we may indirectly commercially benefit from use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorisation, access, tamper with, or use non-public areas of the Products, ‘AM’ computer systems, or the technical delivery systems of ‘AM’ providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other ‘AM’ system or network or breach any security or authentication measures.
7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant ‘AM’ an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or
to any third party. ‘AM’ may include your User Material in ‘AM’ Distribution Content that is made available to others through the Products. Be aware that ‘AM’ has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify ‘AM’ and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By
transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to ‘AM’ an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that ‘AM’ has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify ‘AM’ and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- Links To Website/Home Page
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only.
We do not review or endorse any of those websites or services. We are not responsible in any way for:
(a) the availability of,
(b) the privacy practices of,
(c) the content, advertising, products, goods or other materials or resources on or available from, or
(d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from ‘AM’. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to email@example.com
- Products Disclaimer
The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Medical Disclaimer
10.1 ‘AM’ is a provider of online and mobile mindset, mindfulness, meditation, coaching classes, sleep and movement content in the health & wellness space. ‘AM’ are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. ‘AM’ makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
10.2 Any health information and links on the Products, whether provided by ‘AM’ or by contract from outside providers, is provided simply for your convenience.
10.3 To the extent that you participate in any movement content featured in the Products you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such
movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that ‘AM’ has advised you of the necessity of doing so.
10.4 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it.We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the
10.5 People with existing mental health conditions should speak with their health care providers before starting or using any of ‘AM’ Products.
11.End User Agreement
11.1 Subject to the terms of this license agreement (“License Agreement”), and your payment of applicable subscription fees, ‘AM’ grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of our applications (the ”Apps”)
11.2 The Apps contain or embody copyrighted material, proprietary material or other intellectual property of ‘AM’ or its licensors. All right, title and ownership in the Apps remain with ‘AM’ or its licensors, as applicable. The rights to download and use the Apps are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
11.3 You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Apps in any way, or create derivative works of the Apps;
(b) Use the Apps or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Apps in whole or in part;
(d) Tamper with the Apps or circumvent any technology used by ‘AM’ or its licensors to protect any content accessible through the Apps;
(e) Circumvent any territorial restrictions applied to the Apps; or
(f) Use the Apps in a way that violates this License Agreement or the other Terms.
11.4 You may not make the Apps available to the public. The Apps made available (in whole or in part) are owned by ‘AM’ or its licensors and your use of them must be in accordance with these Terms.
11.5 By clicking the “I Agree” button, downloading or using the Apps, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Apps. This Agreement is a legal document between you and ‘AM’ and it governs your use of the Apps. Although the Application Store is not a party to this Agreement, it has the right to enforce it against you as a third party beneficiary relating to your use of the Apps.
11.6 ‘AM’ may from time to time provide enhancements or improvements to the features/functionality of the Apps, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Apps. You agree that ‘AM’ has no obligation to
(i) provide any updates, or
(ii) continue to provide or enable any particular features and/or functionalities of the Apps to you.
You further agree that all updates or any other modifications will be
(i) deemed to constitute an integral part of the Apps, and
(ii) subject to the terms and conditions of this agreement.
If you have any questions about this agreement, you can contact ‘AM’ here by email: firstname.lastname@example.org
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force and effect.
- Entire Agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- Force Majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, pandemics, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Andrea McLean Limited or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the
rights of Andrea McLean Limited when acting as commercial agent of any Seller.
- Law and Jurisdiction
This Agreement shall be governed by English law, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE COURTS LOCATED IN LONDON, ENGLAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
- Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Limitation on Liability.
Andrea McLean Limited and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Online Courses (including, without limitation, as a result of breach of any warranty or other term of
these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable Online Course.
If you have any questions regarding this Agreement, please contact us by email email@example.com
These Terms are effective and were last updated 15th November 2022