Terms Of Use

Terms and Conditions

Effective date: 7th April 2024

Welcome to Goodnick!

We are Goodnick Limited, a company registered in England and Wales under company number: 13356987 with registered office 82 Wandsworth Bridge Road, London, England, SW6 2TF (‘Goodnick’, ‘we’, ‘our’ or ‘us’).

What Are These Terms About?

These terms apply when you sign up for any of our services through our website, being https://www.goodnick.com and any other websites we operate with the same domain name and a different extension including without limitation www.thegoodnick.com and go.goodnick.com (Website).

Key Words Used In These Terms

To make it easier for you to understand the terms on which we provide, and you use, the Programme, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Programme” in these terms, we mean our online training program for over 60’s as described on our Website, including any services and materials included in the Programme.

Summary Of Key Rights

Acceptance Of These Terms

Before you enrol in our Programme, or otherwise engage our Services, please carefully read these terms. If you don’t agree to these terms, please don’t order or enrol in a Programme. By clicking accept, paying the Fees or otherwise enrolling in our Programme, you agree to be bound by these terms.

DISCLAIMER
1. Any suggestions we make before implementing them;
2. symptoms, conditions or concerns you have or may have in respect to your physical or mental health, regardless of whether you have disclosed this to us, you accept the risk that the information contained in, or supplied by us as part of our Programme may not meet your specific needs, circumstances or goals.
1. (Purpose) The Purpose of the Programme is to improve the strength, fitness, mobility and overall wellbeing of over-60s.
2. (General Information) While the Programme has been prepared with every effort to provide you with age-appropriate exercises, the information provided in our Programme is general in nature and we have not considered your personal circumstances or abilities in preparing the Programme Material. You should use your own discretion before implementing recommendations or performing exercises in our Programme, and should immediately stop if you experience any pain or discomfort.
3. (No Guaranteed Outcome) We take your wellbeing seriously. Whilst the Programme provides information and resources to improve your physical health and wellbeing, we make no representation or guarantee that our Programme will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Programme you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to the Programme or otherwise are done so at your own risk and should always be in consultation with your medical doctor.
4. (Not Medical Advice) All information provided as part of our Programme is not intended to be medical advice of any kind and should not be relied on as such. The Programme is not intended to diagnose or treat medical conditions. We do not engage medical doctors in providing the Programme, and therefore cannot diagnose or treat any medical conditions, and are not aware of any potential contra-indications for certain lifestyle changes if you have other medical conditions or factors (whether or not you are diagnosed, or have informed us) which may affect you. This is why you should always undertake the Programme in consultation with your regular doctor.
5. (Consult your Doctor) You should obtain appropriate medical and other professional advice before relying on the information provided during our Programme or implementing any recommended strategies or exercises. By not seeking appropriate medical advice, including but not limited to medical advice in respect of:

1. Enrolling for OUR Programme
  1. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
  2. you are authorised to use the debit or credit card you provide for your Programme Enrolment.
  1. These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Programme Enrolment has been accepted.
  2. To participate in the Programme, you will need to create an account (Account) and pay the Fees (as defined in clause 5.1(a)(i)) for the particular Programme.
  3. By creating an Account, enrolling in a particular Programme, and paying the relevant Fees (Programme Enrolment) you represent and warrant that:
2. THE PROGRAM
  1. Our Programme is designed to provide exercise and training information and tutorials for over-60’s.
  2. We will endeavour to ensure that the Programme provided will be substantially the same as the Programme as described on our Website.
  3. The Programme includes pre-recorded video format information including workout instruction videos and other materials (Programme Materials) for you to work through at your own pace during the Programme Term, and to be viewed online through your Account only and not reproduced or republished by you in any way. You can download such Programme Materials for personal use within the Programme Term and solely for the purpose of benefitting from the Programme.
  1. The Programme includes the Programme Materials which will be made available on the Website via your Account.
  2. The Programme Materials are designed for you to work through at your own pace, and it is your responsibility to engage with the Programme Materials during the Programme Term.
  3. The Programme Materials may require you to supply us with health-related information (being sensitive special category information under the UK GDPR) and will be processed by us in accordance with clause 6.
  1. THE PROGRAMME
  2. PROGRAMME MATERIALS

Your account and licence

1. 1. Programme Term
    1. Your Account and Programme Enrolment will be valid for the term of the Programme (Programme Term) unless terminated earlier in accordance with clause 18.
    2. Subject to clause 4.2, upon conclusion of the Programme Term, unless otherwise agreed in writing your Programme Enrolment will automatically terminate, including your access to your Account and the Programme content.
  2. SUBSCRIPTION TERM
    1. Where you have a Subscription, then subject to clause 4.2(b), upon expiration of the Programme Term, your Subscription will automatically and indefinitely renew on an ongoing basis for a period equal to the Programme Term (Renewal Period).
    2. Your Subscription will not automatically renew on expiry of the Programme Term or Renewal Period (Renewal Date), if either party provides a written cancellation notice at least 30 days prior to the Renewal Date.
  3. YOUR ACCOUNT AND LICENCE
    1. You are granted a limited licence to use the Programme for your own personal, non-commercial purposes during the Programme Term.
    2. You must not give access to your Account to any other person.
    3. We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Programme to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Programme, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

PAYMENT

1. FEES
  1. as set out on our Website (Fees);
  2. in British Pounds; and
  3. subject to change without notice prior to your Programme Enrolment.
  1. All Fees are:
  2. (VAT) Unless otherwise indicated, amounts stated on the Website include VAT.
  3. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for the Programme. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees. As at the date these terms were last updated, our Payment Provider is Stripe.com whose terms and conditions are available here: https://stripe.com/gb/legal/consumer.
  4. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Programme Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Programme at the correct Fees or cancelling your Programme Enrolment. If you choose to cancel your Programme Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
2. SUBSCRIPTION FEES - AUTOMATIC RECURRING BILLING
  1. As set out in clause 4.2 if you have signed up for an ongoing Subscription, your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel. Whilst your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
  2. We will not be required to pay any charge back amount if you fail to cancel your Subscription in accordance with these Terms.
  3. By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
  4. We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice that you have terminated this authorisation or wish to change your payment method (and receipt of this is confirmed by us). Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.
3. LATE PAYMENTS

We reserve the right to withhold the provision of the Programme to you until you have paid the Fees in accordance with this clause 5.

PRIVACY & DATA PROTECTION

1. 1. Privacy collection
    1. We may collect personal information about you in the course of providing you with our Programme, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy here: link.
    2. Our Privacy Policy and this clause 6 contain more information about how we use, disclose and store your information and details how you can access and correct your personal information.
    3. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
  2. THIRD PARTY DATA
    1. You have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;
    2. You are not breaching any Law by providing the Company with Third Party Data;
    3. The Company will not breach any Law by performing the Services in relation to any Third Party Data;
    4. there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified the Company of this, and the Company has agreed to perform the Services in respect of that data (being under no obligation to do so); and
    5. The Company will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.
    1. You warrant that, in relation to the personal information and all other data that you provide to the Company in connection with this agreement (Third Party Data), that:
    2. You agree at all times to indemnify and hold harmless the Company and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 6.2.
2. INTELLECTUAL PROPERTY
  1. Intellectual Property Rights in the Programme and our Services and any other related information or materials (Material) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
  2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.
  1. For the purposes of this clause 7:
    1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials, including but not limited to the Programme Material and the Programme including ideas, concepts, structure, and content contained therein.
    2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
  1. OUR IP
  2. DEFINITIONS
3. CHANGES TO YOUR PROGRAMME ENROLMENT
  1. Once we confirm your Programme Enrolment, your Programme Enrolment is binding and cannot be changed by you.
  2. If you have signed up for the 9-week Programme, your Programme Enrolment will automatically cancel at the end of the Programme Term. You may choose, in your sole discretion, whether to purchase a Subscription.
  1. Due to the nature of the Programme, we do not offer change of mind refunds.
  2. Your Programme Enrolment includes access to the Programme Materials, and therefore as set out at the start of these terms, you agree to:
    1. immediately receive the Programme (including but not limited to the Programme Materials) upon your Programme Enrolment; and
  1. CANCELLATION
  2. REFUNDS

Waive your rights to a 14-day cancellation period under the Consumer Rights Act 2015.

1. 2. Nothing in this clause 8 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable consumer law.
PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
1. Subject to your agreement of non-disparagement of us and the Programme, you may publish general information about your experience with the Programme, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Programme. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
DATA SECURITY
1. While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Programme will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
1. The Programme may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Programme is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
2. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Programme or any issues experienced in Programme Enrolment.
1. The Programme may contain text, images, data and other content provided by a third party and displayed in the information provided through the Programme (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
1. The Programme may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
2. Inclusion of any linked website on the Programme does not imply our approval or endorsement of the linked website.
1. You must also comply with any terms and conditions of the third party platform for any Forum. As at the date these terms were last updated, the third party platforms allowing Posted Material are Whatsapp (Forum). Whatsapp’s terms of service are available here: https://www.whatsapp.com/legal/terms-of-service.
2. By posting any messages, information, or other content on any Forum (Posted Material), you represent and warrant that:
  1. you are authorised to post the Posted Material;
  2. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  3. the Posted Material does not infringe any Intellectual Property Rights (defined in clause ‎7 below);
  4. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Forum, or any network or system; and
  5. the Posted Material does not breach or infringe any applicable laws.
3. By posting the Posted Material on the Forum, you grant us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Posted Material.
4. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.
5. You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
1. We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, in our absolute discretion, review and remove any Posted Material (including links you have uploaded, your profile or listings you have posted on the Website or Forum) at any time without giving any explanation or justification for removing the Posted Material.
2. You agree that you are responsible for keeping and maintaining records of Posted Material.
1. THIRD PARTY GOODS AND SERVICES
2. THIRD PARTY CONTENT
3. LINKS TO OTHER WEBSITES
4. FORUMS
5. Removal of posted materials
SECURITY
1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Programme. You should take your own precautions to ensure that the process that you employ for accessing the Programme does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
1. If you become aware of misuse of the Programme by any person, any errors in the material in the Programme or any difficulty in accessing or using the Programme, please contact us immediately using the contact details or form provided on our Website.
SERVICE LIMITATIONS
1. the Programme will be free from errors or defects;
2. the Programme will be accessible at all times;
3. information you receive or supply through the Programme will be secure or confidential; or
4. any information provided through the Programme is accurate or true.
1. The Programme is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
NOTICES
1. in writing and in English; and
2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party, whichever is earlier.
1. A notice or other communication to a party under these terms must be:
2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

LIABILITY
1. breach of any of these terms;
2. use of the Programme, the Website, the Services or any other goods or services provided by us; or
3. use of any other goods or services provided by us.
1. Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
2. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Programme, the Website, the Services, these terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Programme. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
3. All express or implied representations and warranties in relation to the Programme, the Website, the Services, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
4. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Programme, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under applicable law.
6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
DISPUTE RESOLUTION
1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
Suspension

We reserve the right to indefinitely suspend all or part of your access to the Programme or Services where you are in default or breach of these terms.

TERMINATION
1. We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days’ written notice to you.
1. Either party may immediately terminate these terms by written notice to the other party if:
  1. the other party is in default or breach of these terms;
  2. the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
  3. the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
  4. the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
1. Upon termination of these terms:
  1. your Account will be terminated, and you will no longer have access to the Programme;
  2. any Fees paid are non-refundable however should you not be able to continue due to iilness or injury we may refund you the Fees on pro-rata basis for any unused part of the Coaching Term; and
  3. you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 7.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
1. Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
1. WE MAY TERMINATE
2. TERMINATION FOR CAUSE
3. EFFECT OF TERMINATION
4. SURVIVAL
GENERAL
1. These terms are governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
1. GOVERNING LAW AND JURISDICTION
2. THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

WAIVER
1. No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
1. Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
1. You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
COSTS
1. Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
1. These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation; and (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

WEBSITE TERMS AND CONDITIONS

INTRODUCTION
1. These terms apply when you sign up for any of our services through our website, being https://www.goodnick.com and any other websites we operate with the same domain name and a different extension including without limitation www.thegoodnick.com and go.goodnick.com (Website).
2. We also have a separate set of terms which govern our services, including your use of our Programmes and any subscription, which are available directly above these website terms.
3. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Goodnick Ltd, a company registered in England and Wales under company number: 13356987 with registered office 82 Wandsworth Bridge Road, London, England, SW6 2TF (‘Goodnick’, ‘we’, ‘our’ or ‘us’).
4. If you don’t agree to these Terms, you must refrain from using the Website.
5. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
ACCESS AND USE OF THE WEBSITE
1. You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
YOUR OBLIGATIONS
1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
5. use the Website with the assistance of any automated scripting tool or software;
6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  1. gaining unauthorised access to Website accounts or data;
  2. scanning, probing or testing the Website for security vulnerabilities;
  3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  4. instigate or participate in a denial-of-service attack against the Website.
1. You must not:
INFORMATION ON THE WEBSITE
1. the Website will be free from errors or defects;
2. the Website will be accessible at all times;
3. messages sent through the Website will be delivered promptly, or delivered at all;
4. information you receive or supply through the Website will be secure or confidential; or
5. any information provided through the Website is accurate or true.
1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
INTELLECTUAL PROPERTY
1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
LINKS TO OTHER WEBSITES
1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITY
1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
1. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PRIVACY
1. You agree to be bound by our Privacy Policy, which can be found at https://www.thegoodnick.com/private-policy
LIABILITY
1. We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
2. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
3. Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
GENERAL
1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
1. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
1. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and (currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.
1. GOVERNING LAW AND JURISDICTION
2. THIRD PARTY RIGHTS
3. WAIVER
4. SEVERANCE
5. JOINT AND SEVERAL LIABILITY
6. ASSIGNMENT
7. ENTIRE AGREEMENT
8. INTERPRETATION

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