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Terms and Conditions

Terms & Conditions

Last revised on 12th November 2018

These user terms and conditions ("Terms and Conditions") may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.

By browsing and using www.drkathyweston.com - or any drkathyweston.com geographical domain - (the 'Website' which shall include the placing of orders and subscriptions), You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and Dr Kathy Weston.

Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. We aim to meet high standards and so our policies are constantly under review. From time to time we may change this privacy notice. We recommend that you check this page periodically to review the latest version.

Who we are

1.1. The term "Dr Kathy Weston", "We" and "Us", shall mean Dr Kathy Weston of  Arquen House, 4-6 Spicer St, St Albans AL3 4PQ1.2, the owner of this Website. The term "You", "Yourself" and "Your" refers to the user or viewer of this Website.

1.2. Dr Kathy Weston is the Data Controller within the definition of the General Data Protection Regulation (GDPR).

The services

2.1 Dr Kathy Weston is a provider of parental engagement resources - we call this the 'Service'. Our resources are primarily distributed through the Website.

2.2 Dr Kathy Weston sells physical products and we call this the 'Product Service' which is made available through the Website.

2.3 Dr Kathy Weston provides a range of resource membership services upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the ‘Membership Service’.

2.4 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.

2.5 Dr Kathy Weston is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause.

Member accounts

3.1 Certain aspects of the Services may require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.

3.2 Your privacy is very important to us. You can find additional information in our Privacy Policy.

3.3 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Dr Kathy Weston of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Dr Kathy Weston cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.

3.4 Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Dr Kathy Weston does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated).

3.5 Your Member account is subject to an acceptable use policy, and user accounts are monitored. Dr Kathy Weston considers that no user would reasonably need to download more than 30 resources per calendar month and accounts exceeding this download level are subject to review.

Indemnity

4.1 You agree to indemnify, defend and hold Dr Kathy Weston Limited and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Dr Kathy Weston Limited.

Special warning for international use

5.1 The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.

Content problems

6.1 If you object to anything on the Website, please let us know by sending an email to office @drkathyweston.com and we will take whatever action we deem appropriate.

6.2 Dr Kathy Weston will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download. Dr Kathy Weston provides and information service and You accept that We take no responsibility for the way You use the information you download.

General practices regarding use and storage

7.1 You acknowledge that Dr Kathy Weston may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

7.2 You agree that Dr Kathy Weston has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

7.3 You acknowledge that Dr Kathy Weston reserves the right to de-activate accounts that are inactive for an extended period of time.

7.4 You acknowledge that Dr Kathy Weston reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to service

8.1 Dr Kathy Weston reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

8.2 You agree that Dr Kathy Weston shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

9.1 You agree that Dr Kathy Weston, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, for any reason, including, without limitation, for lack of use or if Dr Kathy Weston Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

9.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Dr Kathy Weston's only remedy and Dr Kathy Weston may take any other action deemed reasonably appropriate in connection with such breach.

Links to other websites or resources

10.1 The Service may provide links to other websites or resources. As Dr Kathy Weston has no control over these sites and resources, you acknowledge and agree that Dr Kathy Weston is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

10.2 You acknowledge and agree that Dr Kathy Weston shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Use of Dr Kathy Weston materials

11.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Dr Kathy Weston. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Dr Kathy Weston Limited's written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

11.2 You acknowledge that all materials You download remain the property of Dr Kathy Weston Limited in perpetuity.

11.3 Dr Kathy Weston strictly forbids the use of any scripted or otherwise automated method of content or website access.

Disclaimers

12.1 You expressly acknowledge and agree that:

12.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.

12.1.2 Your use of the Service is at your sole risk. Dr Kathy Weston has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Dr Kathy Weston for any errors, omissions or inaccurate information on the Website or available through the Service.

12.1.3 Dr Kathy Weston does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

12.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

12.1.5 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Dr Kathy Weston endorses the website(s) and Dr Kathy Weston has no responsibility for the content of the linked website(s).

12.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.

12.1.7 Dr Kathy Weston is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any services or information available through this Website meet your specific requirements.

12.1.8 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

12.1.9 No advice or information, whether oral or written, obtained by you from Dr Kathy Weston shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

Availability of the Website

13.1 We do not, guarantee that the Website will operate continuously without interruptions or be error free and Dr Kathy Weston therefore accepts no liability for its unavailability.

13.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.

Limitations of liability

14.1 Dr Kathy Weston Limited's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to Dr Kathy Weston Limited under any Contract during the 3 months preceding the event giving rise to the claim.  

14.2 You expressly acknowledge and agree that Dr Kathy Weston shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Dr Kathy Weston has been advised of the possibility of such damage.

14.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Dr Kathy Weston.

Events outside of our control

15.1 Dr Kathy Weston will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.1.1 Strikes, lock-outs or other industrial action.

15.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

15.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.1.5 Impossibility of the use of public or private telecommunications networks.

15.1.6 The acts, decrees, legislation, regulations or restrictions of any government.

15.1.7 Viruses and cyber attacks

15.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service

15.2 Dr Kathy Weston’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.

Dr Kathy Weston Membership for Individuals

16.1 The Dr Kathy Weston Membership Service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

16.1.1 Dr Kathy Weston makes available the Membership Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website or via the school that your child(ren) are in enrolled within.

16.1.2 In accordance with the general Terms and Conditions, Your user and account username and password will not be shared with anyone.

16.1.3 In accordance with our Copyright Terms, You will not redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website whether through the Membership Service or otherwise are for Your personal use only.

16.1.4 You have explicitly read and agree to abide by the Dr Kathy Weston Copyright Terms .

16.1.5 You understand and agree to the Membership Service Acceptable Use Policy, as detailed in clause 17.

16.1.6 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Dr Kathy Weston's absolute discretion as to whether Your account will be reinstated.

16.1.7 You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.

16.1.8 When You register for the Dr Kathy Weston Membership Service, You consent to get access to Dr Kathy Weston Membership Service immediately.

16.1.10  Dr Kathy Weston may change the price for the Subscriptions and we will communicate this change to you at renewal.

16.1.11 For your safety, credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, Stripe or other secure third party payment providers and You are encouraged to read the terms and conditions for any financial transactions with either of these companies.

16.1.12 As per Clause 9.2, You acknowledge that all content remains the property of Dr Kathy Weston at all times. You also understand that your purchasing of a Dr Kathy Weston Membership package constitutes a licence for the use of Dr Kathy Weston material for the duration of the subscription only.

16.1.13 Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources without written permission will result in Dr Kathy Weston Ltd taking action to protect its rights under the licence stipulated in 17.1.15.

Membership Service Acceptable Use Policy

17.1 The Membership Service is designed to allow individual users to download resources for their own needs.

17.2 The Membership Service is subject to an acceptable use policy, and user accounts are monitored. Dr Kathy Weston considers that no user would reasonably need to download more than 30 resources per calendar month and accounts exceeding this download level are subject to review.

Intellectual property

18.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Dr Kathy. All products and logos mentioned in our Website are the trademarks, service marks or trading names of their respective owners including us.

18.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Dr Kathy Weston.

Notices

19.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Dr Kathy Weston, Arquen House, 4-6 Spicer St, St Albans, AL3 4PQ, United Kingdom.

19.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).

Age Restrictions

20.1 You must be over 18 to take out a subscription to the Membership Service or register as a free user of the website.

20.2 An individual under 18 may use the website if they have the consent of their parent or guardian. By allowing an individual under 18 to use the website in any way, You agree to provide us on request with the required consent in a format to be determined by Us at our absolute discretion.

Invalidity

21.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.

Privacy

22.1 You acknowledge and agree to be bound by the terms of our Privacy Policy.

Third party rights

23.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Entire agreement

24.1 These Terms and Conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Services to You by Us.

Waiver

25.1 No delay or failure by Dr Kathy Weston to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

Governing law

26.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

27.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.

Dr Kathy Weston Membership for Schools

28.1 Dr Kathy Weston School Membership accounts are also subject to our Schools Terms and Conditions. These are available to view on request.

Contacting us if there is a problem

29.1 If you have any concerns about your membership, the website or our resources or if you would like to make a complaint, please contact Dr Kathy Weston at office@drkathyweston.com. We will endeavour to respond to all concerns within 48 hours.