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First Friday

Terms of Use

Effective: 21^stMarch 2019

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF THIS SITE

These terms and conditions (together with all documents which are referred to in it) set out the terms of use on which you may make use of our websites firstfriday.biz, www.kaboodle.social, thefirstfridayretailacademy.curatr3.com and www.firstfriday.training (our websites), whether as a registered user or as a guest. Use of our websites includes registering to use our website(s) as well as accessing or browsing them
Please review these terms of use carefully before you start to use our websites, as these will apply to your use of our websites. We suggest that you print out a copy of these terms and conditions to refer to in the future
By making use of our websites, you agree to accept these terms of use and comply with them
If you do not accept or agree these terms of use, then you must not make use of our websites

Other terms and conditions

Our Privacy Policy, which describes the terms on which any personal data we collect from you is processed, or that you provide to us. By making use of our website, you agree to such processing and you warrant that all and any data that you provide is accurate
If you buy courses on our websites, then our Terms and Conditions of Supply will be applicable to the sales

Information about us

firstfriday.biz, www.kaboodle.social, thefirstfridayretailacademy.curatr3.com and www.firstfriday.training (our websites) are owned and operated by First Friday Limited(otherwise referred to as “we”, “our” or “us”).
Our contact details:
- Telephone: +44 (0)1494 867106
- Email: Enquiries@firstfriday.biz
- Office address: First Floor, Fairway House, Rear of 64-68 High Street, Great Missenden, HP16 0AN, United Kingdom
Registered office: First Floor, Fairway House, Rear of 64-68 High Street, Great Missenden, HP16 0AN, UK
Company Registration No: 4293694 England and Wales
VAT Registration No: 785711695

Changes to these terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you access our website. Please ensure that you check this page from time to time as any changes are binding upon you
If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected

Changes to our websites

We do not provide a guarantee that our websites or the content on it will be free from omissions or errors.
We may change the content from time to time. Please note that from time to time some of our website may be out of date and we are under no obligation to update it.

Website access and availability

We are not able to provide a guarantee that our websites or the content will always be available. We provide access to our websites on a temporary basis and may withdraw, suspend or discontinue our websites in whole or in part without notice. We are not liable to you if for any reason our websites are not available for any period or at any time
You have the responsibility to ensure that whoever accesses our websites through your internet connection is aware of all applicable terms and conditions, and that they comply with them
You have the responsibility to make all arrangements necessary in order for you to access to our websites

Account and password

To participate in the online courses via our websites you will need to register with us. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you
Once you are provided with a username and password as part of our security procedures then you are required to treat that information as confidential and must not disclose it to a third party or someone else within your company, business or organisation
If a company, business or organisation purchases access to a course for multiple users, each user will be given a user name and password. These usernames and passwords must only be used by one person in the company, business or organisation
We have the right to disable any username / password or identification code, if in our reasonable opinion you have not complied with these terms of use
You must promptly notify us at Enquiries@firstfriday.biz if you suspect or know that your password has been obtained by anyone else

Intellectual property rights

We are the licensee or owner of all intellectual property rights contained in our websites, and the material published on them. The rights to these works are protected by copyright laws and treaties around the world and as such all such rights are reserved to us
You may not print off or download any content from the courses on our websites unless it is a part of the course that is clearly designed to be printed or downloaded (For example, an Activity Sheet or Action Plan)
You may draw the attention of others within your organisation to any content posted on our websites
You must not make use of any illustrations, photographs, video or audio sequences or any graphics separately from any text which accompanies it
You must always acknowledge our status (and that of any identified contributors) as the authors of content
You must not use any part of the content on our websites for any commercial purpose without first obtaining a licence to do so from either ourselves or our licensors
If you print off, copy or download any particular part of our websites in a manner which breaches these terms of use, then your right to use our websites will immediately cease and you must return or destroy any copies of the materials you have made as may be required by us
No part of our websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved

Limitation of our liability

Nothing in these terms of use limits or excludes our liability for death or personal injury arising from our own negligence, or our fraud or fraudulent misrepresentation, or any other liability that is not permitted to be excluded or limited by English law
To the extent that is permitted by law, we exclude all warranties, conditions, representations or other terms which may apply to our website or any content on it, whether implied or expressed
We will not be liable for any loss or damage to any user, whether in tort (including negligence), breach of statutory duty, contract or otherwise, even if such loss or damage was foreseeable, arising under or in connection with:
- Your use of, or inability to use, our website; or
- Your reliance on or use of any content displayed on our website
If you are a business user, please note that we will not, in particular, be liable for:
- interruption of business;
- any loss of anticipated savings;
- loss of goodwill, reputation or business opportunity; or
- any consequential or indirect loss or damage
- loss of sales, business, profits, or revenue
If you use our websites as a consumer, please note that we only provide our websites for private and domestic use. You agree that you will not use our websites for any business or commercial use, and that we bear no liability to you for any loss of business, business interruption, loss of profit, or loss of business opportunity
We will not be held liable for any loss or damage which is caused by a virus, distributed denial-of-service attack, or other material that is technologically harmful that may infect your computer programs, computer equipment, data or other material arising out of your use of our websites or arising out of your downloading of any content contained on it, or contained on any website which is linked to it.
We are not liable and assume no responsibility for the content of websites which are linked on our websites. Such links should not be treated as endorsement by us of those linked websites. We will not be held liable for any damage or loss that may arise out of your use of them.
Different exclusions and limitations of liability will apply to any liability arising as a result of the supply of any courses you use, which will be set out in our Terms and conditions of supply

Viruses

We do not give any guarantee that our websites will be secure or free from viruses or bugs
You take responsibility for configuring your computer programmes, information technology, and platform correctly in order to access our website. You should make use of your own virus protection software
You must not misuse our websites by knowingly introducing trojans, worms, logic bombs, viruses or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to our websites, the server on which our websites are stored or any server, computer or database which is connected to our websites. You must not attack our websites via a distributed denial-of service attack or a distributed denial-of-service attack. If you act in breach of this provision, you would be committing a criminal offence pursuant to the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach of the law and of this provision, your right to use our websites will cease immediately

Links to our websites

You may link to the home pages of our websites on another website, provided that you do so in such a way that is fair and legal and does not damage our reputation or take advantage of it
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where this does not exist
You must not establish a link to our websites on any website which you do not own
You must not create a link to any part of our websites other than the home pages and our websites must not be framed on any other site
We reserve the right to withdraw this linking permission without notice to you
The website on which you link to our websites must in all respects comply with the content standards set out in these Terms and Conditions of Use
If you would like to make any use of content on our websites other than that described above, please contact us

Third party websites

Links to third party websites on our websites are provided solely for your convenience. If you use these links, you leave our websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our websites, you do so entirely at your own risk

Prohibited uses of our websites

You may use our websites for lawful purposes only. You are not permitted to use our websites:

In any way that is in breach of any applicable national, international or local law or regulation
In any way that is fraudulent or unlawful, or has any fraudulent or unlawful purpose or effect
To transmit, or procure the sending of, any unauthorised or unsolicited promotional material or advertising or any other form of similar solicitation (commonly known as ‘spam’)
To knowingly receive, send, download, upload, use or re-use any material which does not comply with our standards of content which are set out further in this acceptable use policy
For the purpose of attempting to harm or harming any minors in any way
To knowingly transmit any data or send or upload any material that contains Trojan horses, worms, time-bombs, keystroke loggers, viruses, spyware, adware or any other harmful programs or similar computer code which is designed to adversely affect the correct operation of any computer software or hardware

You also agree:

Not to duplicate, reproduce, copy or re-sell any part of our websites in contravention of these Terms and Conditions of Use
Not (without authority) to access, interfere with, disrupt or damage:
- any section or part of our websites;
- any network or equipment on which our websites are stored;
- any software which is used in the provision of our websites; or
- any network or software or equipment which is owned or used by any third party

Uploading content onto our websites

Whenever you make use of any feature that permits you to upload content onto our websites, or to make contact with other users of our websites, you must ensure that you comply with the standards of content set out below
You give a warranty that any contribution of this nature complies with those standards, and you will be liable for and indemnify us for any breach of that warranty. If you are using the website as a consumer, this means you will be liable for any loss or damage we suffer as a result of your breach of this warranty
Any content that you upload to our websites will be considered to be non-proprietary and non-confidential. You retain all of your own ownership rights to your content, but you are required to grant us and any other users of the Site a limited licence to store, use and copy that content and to make it available to third parties and to distribute it
We also hold the right to disclose your identity to any third party who claims that any content uploaded by you to our websites amounts to a violation of their right to privacy or their intellectual property rights
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our websites
We have the right to remove any posting you make on our websites if, in our opinion, your post does not comply with the content standards set out below
The views expressed by other users on our websites do not represent our views or values

Standards of content

There are social learning features on some of our websites which allow you to make comments and add contributions which are visible to other learners. There are also some features on some of our websites where you can load you own material which becomes visible to others.

These standards of content apply to all and any material which you contribute to our websites (contributions), and to any interactive services which are associated with it.

You must ensure that you comply with the spirit and the letter of the standards, which are set out below. The standards apply to the whole of each contribution as well as any part.

Contributions must:

Ensure that they are accurate (where they include facts)
Ensure that they are genuinely held (where they state opinions)
Comply with the law applicable in the UK together with any country from which they are posted

Contributions must not:

Contain any material which is in any way defamatory of any person
Contain any material which is offensive, hateful, inflammatory or obscene
Promote or encourage sexually explicit material
Promote or encourage violence
Promote or encourage discrimination based on sex, race, nationality, religion, disability, age or sexual orientation
Infringe any database right, trade mark of any other person or copyright
Be likely to deceive anybody
Be made in breach of any duty owed to a third party, including but not limited to a contractual duty or a duty of confidence.
Promote any activity which is illegal
Be threatening, abusive or invade another person’s privacy, or cause distress, annoyance, or inconvenience
Be likely to upset, harass, embarrass, annoy or alarm any other person
Be used to misrepresent your identity or affiliation with any person or to impersonate any other person
Give the impression (if this is not the case) that they emanate from us
Promote, advocate or assist any unlawful act such as (for example only) computer misuse or copyright infringement

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Suspension and/or termination

We will determine, at our absolute discretion, if there has been any breach of the terms and conditions of use through your particular use of our websites. When a breach of this policy has taken place, we may decide to take such action as we deem appropriate.

Failure to comply amounts to a material breach of the Terms and Conditions of Use under which you are allowed to use our websites, and may result in our taking any or all of the following actions:

Immediate withdrawal of your right to use our websites (whether temporary or permanent)
Immediate removal of any posting or material uploaded by you to our websites (temporarily or permanently)
Issue of a warning to you about your conduct
Legal proceedings against you for reimbursement of all costs we have incurred on an indemnity basis (including, but not limited to, legal costs and reasonable administrative costs) which result from the breach
Further legal action may be taken against you
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting inappropriate material

We exclude all liability for actions taken in response to breaches of this acceptable use policy. The responses set out in this policy are not limited, and we may take any other action we reasonably deem to be appropriate depending on the particular situation.

Jurisdiction and applicable law

These terms and conditions (including in relation to any non-contractual obligations) shall be are governed by English law. The jurisdiction is with English courts.